Thursday, January 29, 2009

What are bankruptcy assets?

By Josh Ramos

Many Americans find themselves in the unfortunate situation of considering bankruptcy to help them with their debt problems. Among the most common questions about bankruptcy, most people want to know what will happen to their assets if they decide to go through with the process. To understand this, you must first understand the different forms of bankruptcy.

The most common form of bankruptcy is known as chapter seven bankruptcy, which is designed to completely do away with your debt problem. The disadvantage of this kind of bankruptcy is that you'll have to give up some of your assets (if you have any) to help pay your obligations.

In contrast, chapter 13 bankruptcy creates a repayment plan which you follow for about 3 to 5 years. Chapter 13 doesn't get rid of your debt, but neither does it require you to liquidate your assets.

As you can see, chapter seven would be the choice for most people who are trying to get rid of their debt. However, chapter 13 can be useful in certain cases such as trying to get caught up with your mortgage payments.

Now, you probably don't have all that many assets if you've reached the point of filing for bankruptcy. It's no surprise that most chapter seven bankruptcy cases are considered no asset cases, which means that the consumer doesn't have anything worthwhile to sell.

Of course, most people are primarily concerned with their house (and to a lesser extent, their automobile). The details will depend on your state as well as how much your house is worth, but in most cases you have a considerable amount of protection when it comes to your house.

You should realize that finding a good bankruptcy attorney is essential to help you file bankruptcy successfully. There are just too many details for you to try to figure everything out on your own.

Still, you should continue to learn as much as possible about your options from articles like this one before you speak with your lawyer. This can help you become a more informed consumer and get through the process more efficiently.

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