Chapter 7 Bankruptcy Exeptions

By: Kent Pinkerton
Submitted: 2007-01-17 16:17:34
Print this article | Tell a friend | For publisher | Social Bookmarking
Rating:
 

In a Chapter 7 bankruptcy, an individual is allowed to keep certain exempted property. There are 19 other general classes of exemptions that cannot be discharged in a Chapter 7 proceeding. They can be summarized as child support, taxes, student loans, fines and restitution imposed by a court for any crimes commited by the individual. A recent decision submitted by the Supreme Court in a particular case held that assets in Individual Retirement Accounts (IRA) are protected under 11 U.S.C and 522(D) and are thus exempted from withdrawal.

In the case of a married person in a community property state, the estate may exclude certain community property interests of the debtor's spouse, even if the spouse has not filed for bankruptcy.

The estate may include other items like property acquired by will or inheritance within 180 days of the commencement of the case. An individual debtor is allowed to choose between a "Federal List" of exemptions and the list of exemptions provided by the law of the state. However, federal law may state that only the state list may be available in that particular state. In states that allows a choice of exemptions lists, the debtor may make full use of this to his or her benefit. In some states, exempt property includes equity in a home or a car, tools of the trade and some amount of personal effects.

The major purpose of bankruptcy is the orderly and reasonable management of debt. Banks and other deposit institutions, insurance companies and certain other financial institutions and entities are exempted under the bankruptcy code. Instead there are special state and federal laws that govern the liquidation and reorganization of these companies.

Chapter 7 provides detailed information on Chapter 7, Chapter 13 Bankruptcy, Chapter 13 Trustee, Filing Chapter 13 and more. Chapter 7 is affiliated with Chapter 7 Bankruptcy Forms.

Article source: Expert Articles

Most Recent Articles in Bankruptcy category

  • How to Avoid Bankruptcy - By: Justin Narin
    Bankruptcy offers some people a clean slate, it is by no means an easy solution. Bankruptcy will destroy your credit and may possibly force you to sell your assets. If you want to preserve your credit, you will be much better off if you do whatever you can to avoid bankruptcy.
  • Make Filing for Bankruptcy a Last Resort - By: Lee Bell
    There are 2 main types of bankruptcy. If you can't avoid bankruptcy, determine between Chapter 7 and Chapter 13.
  • Life after bankruptcy is not so difficult - By: Jason Holmes
    "Avoid bankruptcy" is the most common phrase; we come across in our everyday life. There are several disadvantages of bankruptcy. But if you are bankrupt, it is not very difficult to swim out of the situation.
  • Achieving Financial Security in an Unreliable Economy - By: Mohan Mittal
    Financial Security is a false concept that developed in American society based on the idea that security comes from the perceived reliability of a regular or planned paycheck. Many people, believing in the commitment of their corporations to their well-being, have found themselves downsized, layed-off, outsourced, transferred, or, in some cases, even fired. The immediate reality becomes harshly apparent and sadly disappointing.
  • Bankruptcy - Is it the Last Option Only? - By: Michael Killian
    Bankruptcy is available when all other debt payment measures have failed and the unpaid debt is simply beyond the means of the consumer to repay. It is essential, then, to understand debt options prior to bankruptcy and to determine which debt repayment method is the least detrimental. Additionally it is the law of the land that you know your debt repayment options prior to bankruptcy.
  • It’s Official; We Are Now A Bankrupt Society? - By: Stephen Morgan
    The Government’s Insolvency Service claimed that 27,644 people were either made bankrupt or entered into an Individual Voluntary Arrangement (IVA) as a way to control or manage their debts in an ordered fashion.It was too early obviously to know how big a percentage of those who entered into an IVA had it failed by their manager or supervisor but it has been claimed previously that in some cases up to 50/60 percent of those entering an IVA fail to complete it in an orderly manner and therefore find themselves being made forcibly bankrupt at a later date.The other key statistic was that insolvencies were apparently 55% higher than during the comparable period this time last year and the smart money (to spoil the metaphor) is on the figure topping the 100,000 mark for the year.
  • Considerations Before Filing Bankruptcy - By: Jon Arnold
    Financial difficulties can occur in anyone’s life. When you think financial difficulties are more than you can handle, don’t let bankruptcy become your first thought. Bankruptcy should be considered as a last resort, not just the first thing that pops into your head when the going gets tough.
  • People on Benefits No Longer Eligible for an IVA - By: Diana Middleton
    The BBC has reported that people on UK state benefits will no longer be given an option of taking out an IVA to help pay off their debts.In an IVA or Individual Voluntary Arrangement people negotiate a repayment plan with their creditors with an Insolvency Practitioner acting on their behalf. Up to 80% of their debt is written off and interest on debt is frozen.
  • How Do Bankruptcy Loans' Requirements Work? - By: Kate Ross
    Bankruptcy loan’s qualification is not an easy task. You need to overcome serious lender’s wariness about your ability and disposition for repaying the loan you are requesting. At this stage, you need to make no mistakes, your behavior has to be stainless and you need to show the lender that the past problems that led you to bankruptcy exist no more.
  • Bankruptcy Can Be Used As An Opportunity To Start Over And Reset Your Financial Goals - By: Jon Hansen
    Bankruptcy is the last resort that neither the borrower nor the creditor wishes to meet. The impact of this to both sides is negative and long-lasting. Once you are bankrupt, it will remain on your credit report for many years, making it difficult to get any loan, insurance, or a job.