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Learn about different types of bankruptcies, including liquidation, business reorganization, and personal reorganization. Explore key concepts like eliminating debt, protecting assets, and dealing with secured obligations. Get insights on exempt assets, co-signers, domestic obligations, and more.
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Types of Bankruptcies • Chapter 7 Liquidation • Chapter 9 Municipality • Chapter 11 Business Reorganization • Chapter 12 Farm or Fisherman Reorganization • Chapter 13 Personal Reorganization
Chapter 7 • Eliminate Debt • Start Over Financially
Priority Debt • Not Discharged
Secured Debt • SurrenderDischarged • Reaffirm Not Discharged • Redeem Partially Discharged
Secured Debt • Surrender Discharged • ReaffirmNotDischarged • Redeem Partially Discharged
Secured Debt • Surrender Discharged • Reaffirm Not Discharged • RedeemPartiallyDischarged
Secured Obligation with a Credit Union • Credit Union Debts are Cross-Collateralized • Unsecured debts are actually secured • Must Reaffirm all or nothing
Executory Contracts • RejectDischarged • Accept Not Discharged
Executory Contracts • Reject Discharged • AcceptNotDischarged
Unsecured • Unsecured Debt Discharged
Assets Property -Debt -Exemptions May=Assets worth selling
Assets Property Value - Debt Against the Property =Equity Equity -Costs of Sale = Net Value of Property Net Value of Property -Exemptions = Value Available for Creditors
Assets Home FMV - Mortgage Debt - Cost of Sale (6% of Home FMV) - Homestead Exemption = Value Available for Creditors
Common Individual Exemptions • Homestead $5 to 20,000 • Personalty $2 to 3,000 • Vehicle $2,500.00 • Business Tools $3,500.00 • Wedding Ring $500.00 • Living Room Furniture $500.00 • Bedding Unlimited • Clothing Unlimited (no Furs) • 401K Unlimited
Co-Signers and Co-Obligors • Liable for Discharged Debt
Domestic Support Obligations • Child Support and Alimony - Not Dischargeable • Property Settlements - Not Always Dischargeable
Divorce Decrees • Divorce Decrees are not enforceable against Creditors
Bank Accounts • Open a New Account before you File
Court Costs, Attorney Fees, and Expenses • Attorney Fees $543.00 • Costs $299.00 • Expenses $123.00
Recap of Chapter 7 • Priority Debt • Not Discharged • Secured Debt • Reaffirm, Surrender or Redeem • Executory Contracts • Accept or Reject • Unsecured • Discharged • Assets • Non-exempt items may be taken