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Bankruptcy Alphabet: K Is For Keep

By Cathy Moran

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What you Keep in bankruptcy

The letter K is for the stuff you keep through bankruptcy.

The cartoon image of someone going through bankruptcy has them wearing a barrel instead of clothes.

It’s a funny image but it’s not real.

Most debtors keep far more of their assets than you’d image.

Here’s why.

Exemption law protects assets

The Bankruptcy Code and the law of each state carve out assets that a person can keep, despite owing money to creditors.

That property is exempt, in the language of the law.

The debtor keeps it, notwithstanding judgments or bankruptcy.

Possessions with little value

Some possessions you keep  through bankruptcy simply because they have little or no value.

The bankruptcy trustee’s job is to gather up assets that he can sell to generate funds to pay creditors.

If something has no value in the marketplace, the trustee is not interested.

Put in this category family photo albums, used clothes, junker cars.  It would cost the trustee more to pay someone to pick it up than he could get by selling.

Property with legal entangements may fall into this category: environmental problems, title issues, foreign location.

Assets excluded from bankruptcy estate

Some possessions you keep because they are not “property of the estate” as defined in the bankruptcy code.

Pension plans and 401(k) accounts are the biggies, here.

Because these take the form of a trust with an provision limiting creditor access to the funds, they don’t come into the estate at all.  Creditors, other than the IRS, can’t touch them.

Overencumbered assets

And then there are the assets you keep that have substantial value, but are subject to liens that cover all of the value of the asset.  If such assets were sold, the lien holders must be paid off in full before there would be anything left for the bankruptcy trustee to pay to creditors.

It is usually the existence of liens that allow debtors who appear to have house, cars, vacation property, etc., to sail through bankruptcy without losing anything.  The owner has already bargained away the value in the asset, keeping just legal title and the right to possession.

Keep on keeping on

So, keep your chin up.  You will probably keep far more through a bankruptcy case than you imagine.

More

New California exemptions

If your assets are greater than your exemptions

What a bankruptcy lawyer does for you

Image courtesy of be.mosaic.

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Filed Under: ABC's of bankruptcy, How bankruptcy works

About Cathy Moran

I'm a veteran bankruptcy lawyer and consumer advocate in California's Silicon Valley. I write, teach, and speak in the hopes of expanding understanding of how bankruptcy can make life better in a family's future.

Trackbacks

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Soapbox is a companion site to Bankruptcy in Brief, where I try to be largely explanatory and even handed (Note I said “try”).

Here, I allow myself to tell stories and express strong opinions. We dig deeper into how to consider bankruptcy and navigate a bankruptcy case.

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