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Consumer Bankruptcy Law

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  • What Can Be Reaffirmed When Filing Chapter 7 Bankruptcy?

    Chapter 7 bankruptcy allows you to obtain a discharge of the majority of your debts. However, you may own some property with outstanding loans that you desire to keep. The Chapter 7 bankruptcy...

  • Can Cars Be Kept If Filing for Chapter 7 Bankruptcy?

    Whether you can keep your car in bankruptcy depends, first, on whether you file for Chapter 7 or Chapter 13. If you file for Chapter 13, you can keep your car. If you file for Chapter 7, you will...

  • How to Prepare Chapter 7 Bankruptcy Paperwork

    In a Chapter 7 bankruptcy, a debtor’s assets are liquidated in order to pay off her debts. To prepare to file bankruptcy, you will need to prepare detailed paperwork that outlines your financial...

  • What Will You Lose If You File Bankruptcy?

    It is impossible to determine exactly what you will be able to keep after filing for bankruptcy because this is mainly dependent on the circumstances of each individual case. Consult a lawyer if...

  • How to Put Money in an IRA Before Filing Bankruptcy

    When you file for personal bankruptcy under the United States Bankruptcy Code, there are certain types of assets that can be "exempt" from being included in your bankruptcy estate. Exempt...

  • Real Property Valuation Guidelines for Chapter 13 Bankruptcy

    When you file a petition for Chapter 13 bankruptcy, you will need to fill out a worksheet form that lists all of your property, both real and personal. This list will include your best estimate as...

  • How to File Bankruptcy Separately If Married

    Married people can elect to file bankruptcy jointly or separately. While most of the time it makes sense to file jointly, a situation may arise where only one spouse needs to file (for example, if...

  • How to Calculate the Value of Assets for a Bankruptcy

    When you file for bankruptcy you take on the individual responsibility to provide accurate financial numbers to the bankruptcy court. This includes the requirement that you list all of your assets...

  • How to File a Bankruptcy Motion to Sell Property in Chapter 13

    Chapter 13 bankruptcy is a type of personal bankruptcy. It creates a repayment plan over a three- to five-year period in which plan payments are made directly to a Chapter 13 trustee via a wage...

  • How to Transfer Property Prior to Filing Bankruptcy

    There are two types of personal bankruptcy a debtor or joint debtors can file, a Chapter 7 or Chapter 13. Chapter 7 bankruptcy is a liquidation of a debtor's estate. The money from the estate...

  • How to Value Assets in a Bankruptcy

    In all bankruptcy cases, debtors must value their assets using official forms provided by the court. The U.S. Bankruptcy Code, in Section 522(a)(2), states that fair market value is determined on...

  • How to Keep Boats in Bankruptcy

    When you have a mountain of debt and choose bankruptcy as your way to get out of it, you are making a commitment to pay off your debt regardless of the consequences. When you have large luxury...

  • How to Calculate Bankruptcy Estate

    Generally speaking, a bankruptcy estate is the total value of all of your property on the date that you file for bankruptcy protection. For the most part, any property that you acquire the right...

  • How to List Personal Items for Bankruptcy

    According to Section 521(a)(1)(b)(i) of the United States Bankruptcy Code, every person who files bankruptcy must disclose all property and assets. Debtors must disclose real estate, vehicles and...

  • What Can I Save in My Bankruptcy?

    As you contemplate filing for bankruptcy, one of your top concerns is what property can be saved in such a proceeding. Making a preliminary decision regarding the property you want to save in your...

  • How to Determine Equity Exemptions for Chapter 7

    The law provides certain exemptions which ensure that, when a person files for Chapter 7 bankruptcy relief, they can keep some essential property.

  • Legal Jargon for Debt Reduction

    In the world of debt reduction there are some terms that are not well known. This article provides definitions of some terms that relate to debt reduction and to bankruptcy.

  • How to Evaluate the Value Assets for Bankruptcy

    It's important to properly evaluate the value assets for bankruptcy. First, if you're allowed certain exemptions in bankruptcy and the value of your property must be ascertained to apply those...

  • How to Surrender Property in Bankruptcy

    During the course of a bankruptcy case, you may reach a juncture at which you desire to surrender property. The decision to surrender involves either personal property or real estate for which...

  • How to File Bankruptcy Without Your Spouse

    Although married spouses may file for bankruptcy jointly, there is no requirement that they do so. It's important to consider, however, how filing individually will affect your spouse. Depending...

  • What Forms Do I Need to File Chapter 7 in California?

    California uses the bankruptcy forms provided by the U.S. Courts. These can be downloaded online (see Resources and References sections below) or filed electronically by a bankruptcy attorney....

  • Chapter 7 Federal Rules

    Chapter 7 federal rules are detailed in the United States Bankruptcy Code, which covers the steps involved with the liquidation of the assets of individuals or entities that file for protection...

  • What Not to Do Before Filing Bankruptcy

    Bankruptcy is not a game. The courts take the rules very seriously and can file criminal charges if intentional fraud is committed. Even if they don't go that far, they can refuse to discharge a...

  • Chapter 7 Bankruptcy Case Information

    Chapter 7 bankruptcy is referred to as liquidation bankruptcy. Chapter 7 is, essentially, a fresh financial start because most of your debts are discharged and some of your property is sold to pay...

  • Bankruptcy Laws in Oregon

    Oregon law lists the types of assets that are exempt from being sold to satisfy a court judgment against a debtor. These statutory exemptions are available to debtors who seek protection from...

  • 12 Myths of Bankruptcy

    Bankruptcy is a big deal. It is not a decision to be taken lightly. Unfortunately, the decision is made even more complicated by the number of falsehoods and rumors circulating about bankruptcy...

  • What Are the Types of Bankruptcies?

    Bankruptcy is usually a difficult situation for all involved. Obviously the debtor is under a crushing burden of indebtedness, but the creditors are hurting, too--they put up their money or goods...

  • Understanding Bankruptcy Law

    Bankruptcy relief may be the answer to ever-mounting debt problems in difficult economic times. Consumers and businesses can use the Bankruptcy Code to protect their assets from creditors. The...

  • What Is a Judgment Lien?

    Judgment liens are a legal instrument used to ensure that consumers pay their debts properly. When a consumer fails to pay a debt, a creditor may take that individual to court to recover the...

  • How to Fill Out a Bankruptcy Schedule C

    The Bankruptcy Schedule C form is for claiming property that is exempt according to the law. If you are filing your own bankruptcy, you need to know how to fill out a bankruptcy Schedule C to...

  • Why You Should Not File Bankruptcy

    If you are unable to keep up with your monthly bills, bankruptcy may be a tempting option. Bankruptcy may be a reasonable solution for persons who would not be able to pay off their debts within...

  • What Assets Can You Keep When Filing Bankruptcy?

    Although some bankruptcy laws are governed by federal law, specific states vary on what property you are allowed to keep after you file bankruptcy. Chapter 7 bankruptcies eliminate most debts but...

  • How Does Reaffirmation in Bankruptcy Work?

    When a debtor enters bankruptcy, they're usually looking for a fresh start from under an oppressive debt burden. This is possible because the court, through a trustee, evaluates the debtor's...

  • How to Calculate an Exempt Property Value in Bankruptcy

    Chapter 7 bankruptcy essentially amounts to a liquidation of the debtor's assets to pay off debts to the fullest extent possible. But that doesn't mean you lose the shirt off your back. Federal...

  • Protecting Your Money & Assets During Bankruptcy

    Protecting money and assets during bankruptcy proceedings is difficult because you are required to report all cash, real property and personal property to the court. Consult a specialized lawyer...

  • Will I Lose My House if I File Bankruptcy?

    Bankruptcy is a means for people debtors who have a tremendous amount of debt to get out of debt either completely or to be relieved from some portion of it. A bankruptcy stays on the debtor's...

  • How to Protect Assets in Bankruptcy

    U.S. bankruptcy law allows any debtor filing for bankruptcy to keep those assets considered necessary for a fresh start after the bankruptcy is complete. These assets are essentially exempt from...

  • How to Protect Assets in Bankruptcy

    U.S. bankruptcy law allows any debtor filing for bankruptcy to keep those assets considered necessary for a fresh start after the bankruptcy is complete. These assets are essentially exempt from...

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