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Can you sell personal property when filing bankruptcy?

When filing bankruptcy all assets are placed in a bankruptcy estate. Some assets are allowed to be protected and qualify for an exemption by the trustee. Items that are placed in exemption are permitted to be sold, but the trustee should be notified prior to the sale.

Homestead exemption for bankruptcy in Illinois?

Under Illinois Bankruptcy laws, the homestead exemption includes farm lot & buildings, condominiums, personal property or cooperative. These homes can be owned or leased. They can be up to $15,000, including the proceeds of sale for one year.

How can the homestead exemption help against foreclosure in a possible Chapter 13 dismissal?

It doesn't. The homestead exemption protects property from being seized in a bankruptcy procedure or by creditor judgment. The lender does not relinquish the right to foreclose on property regardless of the status of the bankruptcy filing. Bankruptcy only temporarily halts the foreclosure of secured property.

Can you include past due lot rent in a bankruptcy?

An individual may not include his/her rental agreement on the statement of intention while filing for bankruptcy. The statement of intention is not meant for real estate property like apartments. It is meant for personal property. Hence, only property like automobiles and other personal property may be included in it.

What are the exemptions for Chapter 7 bankruptcy?

The exemptions for Chapter 7 bankruptcy are that exemptions help to determine which property one gets to keep. There are some exemption schemes one can use to stay out of bankruptcy.

Is there an asset limit on a 60K Calif bankruptcy without penalty?

Yes, there are exemption limits on various goods/property. If you good/property is above that amount you will need to "pay" the difference to the BK trustee or else lose that good/property. The exemption limits can cary based on your state and whether it allows federal exemption limits.

What can you keep in California bankruptcy?

In Chapter 13 bankruptcy, you need not lose anything as long as you follow the payment plan. In Chapter 7 or liquidation, there are certain assets that can be kept. It is dependent on the bankruptcy amount exemptions. In California, there are 2 sets of exemptions. Set 1 provides exemption for homestead, personal property, insurance, pensions, public benefits, tools of trade and wages . System 2, almost the same as System 1 but it has the wild card system. If the individual does not own property, he/she can use the value of the homestead for any property chosen. For an official opinion, it is advised you seek legal counsel.

What is included in Claim of Exemption for a civil judgment against you?

The defendant may list whatever real or personal property allowed under the laws of his or her resident state that is considered exempt. Usually the exemptions that can be used by the debtor defendant to protect property from a judgment creditor will be the same ones that allowed in bankruptcy with perhaps the addition exemption allowed under federal non bankruptcy laws. The matter can become rather complicated and is best handled by an attorney or a legal consultant that is versant in the state exemption laws. Generally the most important would be the homestead exemption, for those judgment debtors who own real estate.

Will filing bankruptcy defeat liens from a court judgment?

Judgment liens survive a bankruptcy unless you file a motion to remove the liens under section 522(f) of the Bankruptcy Code. Even then, the court can only strip the lien if it interferes with your right to claim the property as exempt. An exemption is the amount of equity in the property that the law allows you to keep in a bankruptcy. In California, the homestead exemption is $75,000 for most married couples. Suppose you have a condo worth $250,000, mortgages that total $200,000 and a judgment lien for $10,000. The judgment lien interferes with the homestead exemption and could be stripped if the proper motion was filed in a chapter 7 bankruptcy.

Is there a homestead exemption for personal property?

A homestead exemption can be filed for a mobile home. Check with your town clerk for the procedure. Residential dwellings such as houses, condos, mobile homes are not considered personal property.Examples of personal property are: Household goods, electronics, clothing, jewelry, stocks, bonds, bank accounts and similar assets/items. Some US states have exemptions for such, consult the bankruptcy laws concerning your state of residence to find out what may apply. If the state does not have a set of exemptions then the federal bankruptcy exemptions apply during BK or a creditor judgment action. Please note: Allowable exemptions are based upon the actual ownership of the real or personal property in question. Joint ownership of any kind can change the judgment status of all property, especially when it relates to a married couple.

What is bankruptcy code 703?

I believe you are referring to local California statute CCCP §703, which refers to California's local exemption rules for bankruptcy. In short, California allows a debtor to exempt up to $3,300 for a single automobile and, more importantly, up to $20,825 in personal property as long the debtor owns no real estate with equity, or if the debtor intends on giving up any real estate with equity up in the bankruptcy. The $20,825 "wildcard" exemption may be used to protect money in bank accounts, CDs, rare coin collections, even timeshares. As long as the total value of property to be exempted is less than $20,825, the debtor should be allowed to keep said property through bankruptcy.

Can a house you own that you owe no payments on be placed under bankruptcy?

Sure, and is subject to seizure if the value is higher than your states real property exemption

If you file chapter 7 bankruptcy can they take the equipment you use for work?

It depends on the exemptions. If you have to use your state exemptions, you will have to ask a local bankruptcy lawyer. If you can use the federal exemptions, you are able to exempt up to $2,025 in work-related property. You may also apply other exemptions, such as the motor vehicle exemption, the wildcard exemption and half of the unused portion of the homestead exemption.

Can they take your furniture or other personal property if you file bankruptcy?

yes, but if you are, than RUN!

What is the property limit you can include on a bankruptcy?

If by "property limit" it is meant what personal and real property can be exempted from bankruptcy, that is determined by the type of bankruptcy you must file, federal or state. To discover what the type and amount of property one is allowed to exempt you can search federal bankruptcy exemptions or (name of state) bankruptcy exemptions; in a few states the person can choose to use either set of exemptions or a combination thereof.

Can bankruptcy be filed on partially own property?

The answer to this really depends on the nature of the property and how it is held (i.e. tenants in common, joint tenancy). You can file for bankruptcy for your personal debts. If the ownership debt is easily severable then it is likely that you would be able to file for bankruptcy and include the property as well.

Can you file parking tickets under a chapter 7 bankruptcy?

Parking tickets cannot be discharged under Chapter 7 bankruptcy. They can, however, be discharged under Chapter 13 bankruptcy. Chapter 7 bankruptcy is known as "liquidation" bankruptcy. This generally means that all of a debtor's non-exempt property may be sold by a bankruptcy trustee, though the laws for property exemption are different in each state. For example, in New York, most debtors are able to keep all of their property. Chapter 13 bankruptcy is a 'reorganization of debts', and allows the individual to keep their property and income while paying off all or part of their debt over a three to five year period. In the case of a Chapter 13 bankruptcy filing, the parking tickets can be considered "unsecured" debts (similar to credit cards and medical bills), and can thus be treated as such for repayment.

During chapter 7 can the creditors take your house in South America that you bought for 20k?

No, the creditors can't take the South America property. But, the Bankruptcy trustee can. The only exemption for real property is a homestead exemption and obviously your homestead cannot be in South America if you are filing bankruptcy in the US. So this property would be taken by the trustee and liquidated to pay your creditors. Directly the creditors can't take the property. Failing to list this property (Hey, it is in South America, how will they know????") can lead to charges of Bankruptcy fraud if found out. It is possible that the trustee would allow you to make a monetary offer to keep the property, especially as selling a foreign property is not easy. You would have to provide a valuation of the property proving the value to the trustee.

If the primary owner files bankruptcy and has a co-signer can the co-signer continue to pay and take ownership of property?

That's an issue that has to be decided by the court, the lender and the exemption status of the property.

What is considered unexempt property in Florida?

Not much if the issue pertains to a married couple, as Florida is a TBE state. Even debtor's who are unmarried have several options for protecting property both real and personal. The largest flaw in Florida's property exemption statutes would be that pertaining to vehicles. The same exemptions that are used for bankruptcy are also applicable concerning creditor lawsuit judgments. For a listing of exempted property allowed under the new BK laws, visit Bankruptcy Action

What property is exempt from collection in Ohio?

Property exempt from lawsuit judgment is the same that is allowed in bankruptcy. Unfortunately, Ohio law gives the consumer very poor protection from judgment creditors. Basics: Homestead exemption $5,000. Private disability benefits, $600 (monthly) Personal property not to exceed a combined total of $2000. "Wild Card" any property not to exceed the amount of $400. Federal non bankruptcy exemptions are applicable (such as Social Security, pension benefits, etc.

How can a home be protected when it is jointly owned by a married couple and only one spouse files for bankruptcy?

It depends upon how the property is titled and the homestead exemption allowed. In community property states the home of a married couple will become a part of the bankruptcy if it was acquired during the marriage and if it is not covered by the homestead exemption. In non CP non TBE states a home is not at risk as long as it is protected by the homestead exemption and only one spouse is the debtor/filer. In states that allow property to be held as TBE by married couples the home would not be subject to BK action regardless of the homestead exemption amount when only one spouse is the debtor/filer. FYI, it is advisable for married couples living in community property states to file a bankruptcy jointly even if only one spouse has incurred the debt.

Can you file for bankruptcy as an individual even though you are married?

Yes, you can. If you live in a community property state, it can get complicated.

When filing Chapter 7 bankruptcy should a car that is not paid off be included on the schedule of personal property?


Are there any personal exemptions of property in a bankruptcy action?

If you mean exemptions of personal property, as opposed to real estate, yes, but they depend on state exemptions or federal exemptions in states that allow a choice of state or federal exemptions. Consult a local bankruptcy lawyer for specifics for your state.

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