Filing for Bankruptcy: What Can You Protect?

Protecting assets in bankruptcy: Talk to an attorney If you are considering filing bankruptcy and have considerable assets to protect, talk to an attorney. Do not attempt to hide or conceal or transfer or sell your assets prior to discussing your intentions with a bankruptcy lawyer.

A deal would give Barneys 60 days to try to find a buyer in bankruptcy court, one of the people said. If Barneys can’t reach. A bankruptcy filing from Barneys this week would mark its second. It.

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Among the schedules that an individual debtor will file is a schedule of "exempt" property. The Bankruptcy Code allows an individual debtor (4) to protect some property from the claims of creditors because it is exempt under federal bankruptcy law or under the laws of the debtor’s home state. 11 U.S.C. 522(b).

This means that if your property is worth less than a particular dollar amount, you can keep it. In general, Chapter 7 exemptions are much lower, stricter, and offer less flexibility than chapter 13 exemptions. So if you file a chapter 13 bankruptcy, you are much more likely to keep your house than if you file a chapter 7.

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Transfer of assets. You risk the property more when you take it out of your name. For example, in most cases, I can easily protect a car that is paid in full when the vehicle is still registered in my client’s name. However, if my client transferred the vehicle to a friend, family member or even complete stranger before filing bankruptcy,

If you’re dealing with a tenant bankruptcy matter and want to know more, it’s best to get in touch with a local landlord-tenant attorney who can answer any questions you may have and help guide you through the eviction process.

Bankruptcy exemptions protect your property in bankruptcy. If an asset is exempt, you can keep it. Each state decides the exemptions available for filers. If you don’t want the trustee to take the money in your savings account, check your state’s exemption laws before filing your case to make sure you can exempt the funds.

Against this backdrop, it’s unfortunate that bankruptcy hits responsible persons the hardest because they likely have the most to lose. If you are filing this year, then you may have a great deal you wish to protect. I thought I’d share some tips from a recent article onSmartMoney about what you can protect.