01/28/2025
The Bankruptcy Estate and Exemptions: What property can you keep?
The filing of your Petition creates a bankruptcy “estate.” The estate includes all your property listed in your Petition. However, there are exemptions that allow you to keep certain types of property up to certain values (that vary by state). In fact, claiming all your property as exempt will render your bankruptcy estate essentially worthless.
If you have property that exceeds the value allowed for exemptions, then the estate technically becomes the temporary legal owner of this property. The bankruptcy trustee oversees the estate property and has the ultimate say in how to handle the property.
There are exemptions, within certain limits, for your homestead, a vehicle, retirement accounts, jewelry, household goods, tools used in your trade, and other personal property, including bank accounts. Your bankruptcy attorney can help you better understand what you may be able to protect (exempt) in your bankruptcy.
Full consultation will help you understand and determine what property you will get to keep, whether you should sign a reaffirmation agreement, and which debts will be discharged. Schedule your consultation with Bloomington Chapter 7 bankruptcy attorney Gregory J. Wald by calling.
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