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Attention  .  .  .  on December 1, 2015  new bankruptcy forms go into effect.  The changes are extensive but no worries - our bankruptcy software automatically updates all changes in bankruptcy law including the forms.

Will I lose my stuff?

Most people are reluctant to declare bankruptcy for fear of losing their personal possessions. In reality, you may be able to keep most if not all of your things, depending on the kind of bankruptcy your file for and the specifics of your case.

Homeowners are allowed a $1,000.00 exemption for personal property because they are allowed to claim their homestead exemption.  Married debtors filing jointly double that amount. 

Non-homeowners and homeowners who chose to surrender their home are also allowed a $1,000.00 personal property exemption PLUS an additional $4,000.00 wild card exemption that they can apply to any of their personal property thus protecting their property from creditors.  Married debtors filing jointly double that amount.

Most if not all of your unsecured debt should be wiped out. However, the court may sell some of your personal items and property in order to pay creditors all or a portion of what you owe them if you exceed your exemptions.

In general, non-essential luxury items like relatively new big screen TVs, high-end stereo equipment, a boat, non-exempt vehicles, expensive jewelry, or certain kinds of appliances could be sold.

Workers' compensation benefits, Social Security disability income, assets from a prepaid college fund, and retirement funds are usually exempt.

If you are involved in a lawsuit (such as a personal injury lawsuit) or you expect to receive a windfall in the not too distant future (such as an inheritance) please call an attorney because filing bankruptcy may not be in your best interest at this time. 














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