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When you file for bankruptcy does someone come to your house to list all your assets and take all the things you did not list as exempt?
Actually, the laws have changed a bit since the 2005 Bankruptcy law was signed.
Instead of the "yard sale" way of valuing your assets, you now have to value your assets at the amount it would cost to replace them today with items in exactly the same condition.
For more information, see Findlaw's excellent sections on bankruptcy and the changes from the 2005 law.
http://bankruptcy.findlaw.com/bankruptcy/bankruptcy-basics/bankruptcy-overview-overview(3).html#8B5C102F-3D8A-4836-A2A3D553A00E015E
What else can I help you with?
What does bankruptcy do to you?
Personal bankruptcy can do two things. 1) Chapter 13 Bankruptcy, or reorganization Bankruptcy lets an individual work with their creditors to pay back debts without the threat of foreclosure or harassment. This lets someone do the right thing and pay people back. 2) Chapter 7 Bankruptcy is a more extreme step. During Chapter 7 one continues to make essential payments while paying nothing to other creditors. Next, all assets are liquidated and distributed to creditors. Bankruptcy is the really last resort and only you know whether you go to this route. I have filed bankruptcy and it worked well because of the help from the financial advices. http://freshstartsolutions.com.au/bankruptcy/ It is really important to seek an advice before making decisions.
Does pending bankruptcy have the same effect as bankruptcy?
No. Some things may go into effect, but things are not totally ironed out with creditors.
What are physical assets?
Physical assets are tangible things a business or person owns, e.g. property.
Can you cosign for a car if you are filing for bankruptcy in the future?
If you are filing for bankruptcy, and you try to cosign -- two things can happen. 1. the lender will turn you down. 2. If the court finds out you have applied for credit the bankruptcy can be stopped. If you mean that the car and loan will be for you during or after the bankruptcy, this still has to be disclosed and again the bankruptcy can be stopped.
What things are considered assets?
Assets are items of value that a person or organization owns, such as cash, property, investments, and equipment. These assets can be used to generate income or provide future benefits.
Can you buy an automobile just prior to filing bankruptcy and not have it included in the bankruptcy or will it be include also?
Everything...that is all debts and all assets are included. Different priorities are given to each (some, few, things are classifed exempt)...and one is used to satisfy the other.
Can bankruptcy take all things that have a title?
Not usually, you will have to file exempt on items that are owned.
In Illinois how do you obtain vehicle title after bankruptcy?
What could you possibly be asking? If the asset was sold during bankruptcy to pay creditors and your debts, its gone. Owned by someone else. That's how your debts get paid. Your assets are used. If there aren't enough assets to liquidate and pay your debts, some of the debts may be forgiven. But not always. Under any circumstances, to get a title to something owned by someone else, you buy it from them. Bankruptcy does not get you things.
Chapter Seven Bankruptcy - Liquidation and Exemptions?
Bankruptcy is a legal procedure which allows someone to either reduce or eliminate their worrisome debts. The U.S. Bankruptcy Code in Title 11 outlines and details requirements, statutes and courts that make a bankruptcy case operate smoothly.The main difference between Chapter 7 bankruptcy and Chapter 13 bankruptcy is the latter's agreement of reorganizing debt instead of eliminating it. In Chapter 7 bankruptcy, all debts must be cleared. Creditors allow a Chapter 7 bankruptcy to be a volunteered procedure, but it's usually forced. Chapter 13 bankruptcy is always voluntary. Every eight years, a Chapter 7 bankruptcy can be filed, contrasting Chapter 13's two-year wait.Chapter 7 bankruptcy obliges creditors to seek liquidation of non-exempt assets. A regent of the bankruptcy court takes possession of these assets and sells them; the money gained from the assets sold is used to help free the debtor from his or her debt. After this, the debtor is free of obligations to the creditor.Not all debts are discharged in Chapter 7 bankruptcy, however. Financial obligations such as alimony, child support, taxation and student loans cannot be discharged. Likewise, any debts that were deliberately not mentioned will refrain from being exempt of dismissal.For Chapter 7 bankruptcy, liquid assets are targeted instead of other things of material value. Liquid assets are what someone would survive on if they lost employment suddenly. The usual list of liquid assets include cash money, funds in a bank account (checking or savings), mutual funds, stocks and bonds. Illiquid assets take a great length of time to be converted into money, which is why creditors shy away from claiming these in a Chapter 7 bankruptcy. Electronics, furniture, jewelry, pricey clothes and real estate are all examples of illiquid assets.The consequences for filing bankruptcy is steep, starting with the length of time it lasts on a person's credit report: 10 years. That's an entire decade of a person's credit looking risky and intimidating to potential lenders. Investing will also be a lot tougher after a Chapter 7 bankruptcy, but it's not an impossible goal. As with all bankruptcies, credit score is severely reduced.Bankruptcy is not all doom and gloom, though. As stated previously, some assets (liquid or illiquid) are exempt from being taken into custody. The most commonly exempt assets are:Health insurance plans. An IRA account with less than one million dollars. Motored vehicles up to a certain value. Household appliances. Rewards from personal injury lawsuits. Necessary clothes, footwear and home furnishings. Inexpensive trade tools.Further inquiry on exemptions can be determined by what state the debtor lives in. Not all states have the exact same laws on Chapter 7 bankruptcy exemptions.
What are personal assets?
Personal assets are things that are owned and accumulated by someone. Personal assets are also things that can help an individual establish their net worth.
If being sued what is non exempt?
Non exempt is everything that is not defined as exempt. Generally this pertains to collecting a judgment. You can't, for example, typically be forced to give up your home or your car up to a certain value satisfy a judgment and thus those items would be considered to be exempt from collection. On the other had income from a job or a savings account would be non-exempt meaning that they could be seized to satisfy the judement. You would want to check with the rules in your county to determine what would be considered exempt if you do not know.
Can i file bankruptcy on state taxes On my statement from them it states that my balance my not reflect adjustments such as those resulting from a prior or pending bankruptcy?
They would have to be. You do not go Bankrupt on certain things though. In BK you do not pick and chose what is included. All are given priorites and some are exempt fom being used and some exempt from being discharged. Secured debts get first call from the money from the sale of the asset securing them. ALL your assets and all your debts are included. Your assets are used to pay your debts, the extra that can't be paid may be discharged. Taxes get a fairly high priority and will be paid in full before most other unsecured debts.
Are IRAs subject to bankruptcy in Missouri?
All your assets and all your debts are subject to being reported in BK. All are given classes. Some are classified as exempt from either being discharged (like child support, student loans, etc), or used to pay your debts....like IRA. Qualified retirement accounts are exempt from seizure in BK.
Can gold bars be taken in bankruptcy?
Any assets you have are potentially forfeit if you file for bankruptcy. There is no way to 'lock away' part of your estate above and beyond the things the law allows you to keep - such a practice would defeat the object of filing bankruptcy in the first place.
Whether gifts comes under exempt or nonexempt property in bankruptcy law?
The way or origin of how you got it is unimportant. What it is carries. A gift of your dinning room table or work tools are exempt - because these things are exempt. A gift of your boat, vacation house, lear jet, still wouldn't be.
Can you put timeshare on bankruptcy and keep house and car?
All would have to be included. You do not go Bankrupt on certain things. Everything you own and everything you owe must be included, ot the case will be dropped and you could face fraud or contempt charges. Again, in BK you do not pick and chose what is included. All are given priorites and some are exempt fom being used and some exempt from being discharged. Secured debts get first call from the money from the sale of the asset securing them. Frequently a house, (if you can and have paid the mortgage), and a reasonable car (and things like work tools, personal household goods, etc), are classified as exempt or may be saved. ALL your assets and all your debts are included. Your assets are used to pay your debts, the extra that can't be paid may be discharged. You do not get to eliminate debts and keep those things of value you want to. That would clearly be unfair. A timeshare is considered an asset since you own that certain unit although the idea of it is that you own a certain vacation time. Yes, you can include that one on bankruptcy along with your other assets.
What is core current assets?
Core current assets are the essential assets, without which a company can not function. Since these assets are crucial to the survival of the company, they are usually not sold to raise cash. This implies two things. Firstly, the core current assets are not liquid and secondly, if a company is selling core current assets to raise cash, it is in dire situation or even close to bankruptcy.
