Bankruptcy and Exempt Property
When you’re addressing bankruptcy, it can appear like everything is becoming insecure for you. Most ways that you’ll be filing bankruptcy include the fact that you have a business or you’re a person, you’re going to have to accept your property being taken from you so that you are able to pay back your creditors. It could feel like you’re losing everything, because everything is being removed. However, you ought to know that there are particular things that are exempt from being taking in order to pay off your creditors. The reason that there’s exempt property stems from the actually point behind bankruptcy.
Filing for bankruptcy serves two independent purposes. It allows the creditors to get the money that they require, and it is also a way for the person who is filing bankruptcy to get on with their lives and to get a new start. Because of the fact that bankruptcy is meant to have a new start, it means that there is going to be certain exempt property, which are the things that you need to actually have this new start. Because you’re supposed to be starting again, there are certain things that will be exempt from bankruptcy.
If you own a house, but there’s no value in the house for the creditors, it will be exempt property. The same with the car that you need to drive to work so that you can make a new start. It will also be exempt, unless there’s great value in it for the creditors. Also, any retirement funds or other funds that you’ve acquired are not going to be able to be taken by the creditors because they’re exempt property. Your home goods are not usually found to have been of any resale value, so these are exempt also. The bank cannot take your wedding bands either.
There are several ways to decide what is going to be exempt and what isn’t. Basically you have to consider the resale value of whatever it is that is in question to see whether or not you think it is going to be able to be resold for a higher value than you owe. If not, then that property will be exempt and you’ll be able to make a fresh beginning with it. If you have any questions, talk to a lawyer about what is and what is not exempt property.