Once the bankruptcy is filed, all the property of the debtor at the time of the filing and certain other property to be received in the future becomes the property of the bankruptcy estate. This means that the bankruptcy trustee will take control of this property for purposes of satisfying the creditors. However, there is certain property which is either excluded or exempt and the debtor will be able to keep it. Property or asset exemption is determined based upon your situation, income and the laws of your state. The best way to determine which property to keep requires a detailed analysis of your situation. You need a good lawyer. As for real property in many states, dependent upon which exemption
scheme is selected and your circumstances, you may exempt up to
$100,000 in equity. When calculating your equity you should use
a value that is based upon a forced liquidation as opposed to
the best selling conditions to arrive at a value for your home.
Once you determine this value, subtract the amount owed plus selling
and transfer costs from the value to calculate the equity. As
for personal property, in California, you are permitted exemptions
for a variety of personal property. This includes automobiles,
household furnishings and personal effects, jewelry, tools of
the trade, retirement plans, un-matured life insurance, personal
injury awards, earnings, animals and some other miscellaneous
property. The value of each exemption and which exemptions can
be used are determined by the statutory exemption scheme is selected.
(State laws vary.) Disclaimer: |
Disclaimer: |
