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Filing for Bankruptcy: What Can You Protect?

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whether you file for Chapter 7 or Chapter 13; if you file for Chapter 7, how much equity you have in your home, and; if you file for Chapter 7, the amount of the available homestead exemption. Your Home in Chapter 13 Bankruptcy. In Chapter 13 bankruptcy, you keep your property and repay your debts (some in full, others in part) over time.

If you plan to file for bankruptcy protection, you must get credit counseling from a government-approved organization within 180 days before you file. You also have to complete a debtor education course before your debts can be discharged.

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You can’t file for Chapter 7 bankruptcy if you previously went through bankruptcy proceedings under Chapter 7 or Chapter 13 within the last six years. If you obtained a Chapter 13 discharge in good faith after paying at least 70% of your unsecured debts, the six-year bar does not apply.

Filing for bankruptcy is a legal process that either reduces, restructures or eliminates your debts. Filing bankruptcy with a court is the first step. You can file on your own or you can file with an attorney. Bankruptcy costs include attorney fees and filing fees. If you file on your own, you will still be responsible for filing fees.

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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but it wasn’t enough to prevent the largest municipal bankruptcy in American history, in 2013. Adds Michael Belsky, executive.

Featured In. If you’re facing serious debt problems, filing for bankruptcy can be a powerful remedy. It stops most collection actions, including telephone calls, wage garnishments, and lawsuits (with some exceptions). It also eliminates many types of debt, including credit card balances, medical bills, personal loans, and more.

In every bankruptcy case, the debtor (the person who’s filing for bankruptcy) can protect property needed to get a fresh start using laws called exemptions. A typical exemption list will include basic household goods, clothing, tools of the trade (items you need in your profession), necessary medical equipment, a car, real estate, and other.

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