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Chapter 7 and Chapter 13–Exempt and Not Exempt Assets

September 30, 2015 by Chris Kane

Most of the time everything you own is exempt, meaning it’s protected in a Chapter 7 bankruptcy. If not, Chapter 13 can usually protect it.   Our last blog post was about keeping or surrendering assets which are security on a secured debt—such as a vehicle on a vehicle loan, a home with a home ... Read More »

Filed Under: Asset Protection Tagged With: Chapter 13 plan, Chapter 13 trustee, Chapter 7 trustee, priority debts, property, property exemptions

Making Sense of Bankruptcy: Using State Property Exemptions in Federal Bankruptcy

August 12, 2015 by Chris Kane

The U.S. Constitution makes bankruptcy a federal procedure. So why is the amount of assets you can protect different in each state?   The sentence we’re explaining today is: The Constitution gives Congress power to make “uniform Laws” on bankruptcy, yet for much of our history it has had ... Read More »

Filed Under: Asset Protection Tagged With: Bankruptcy Code, bankruptcy laws, exemptions, property, property exemptions, U.S. Constitution

Making Sense of Bankruptcy: Can a Non-Citizen File Bankruptcy?

August 3, 2015 by Chris Kane

Yes, you can usually file bankruptcy in the United States regardless of your citizenship status.   Here’s the sentence we're explaining today: Citizenship is not a statutory requirement for filing bankruptcy, but rather you need to reside or have a “domicile” in, or have ... Read More »

Filed Under: Immigration Tagged With: domicile, property, qualifying for bankruptcy, qualifying for Chapter 13, qualifying for Chapter 7, residency requirement

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