You are afraid to answer the phone and open the mail. You are humiliated when, yet again, the salesperson tells you that your credit card has been declined. It is time to put an end to the stress of embarrassment and harassment; contact a knowledgeable bankruptcy attorney.
Chapter 7 Legal Help in Cincinnati Since 1996
Confusion regarding the different "chapters" of bankruptcy are common. Chapter 7 is best explained as "liquidation" bankruptcy. Under Chapter 7, the debtor's unsecured debt is sold and the proceeds of the sale are used to pay down debt. Under Chapter 7, valued property like a home and car are usually retained, and debt is always significantly reduced.
Below we have provided some general information about Chapter 7 bankruptcy. To get answers about your specific case, contact us to arrange a free initial consultation with a bankruptcy lawyer at Minnillo & Jenkins, call 513.723.1600 or contact us online.
We have three convenient offices with free parking to serve you. Evening and weekend appointments available.
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Do you have questions regarding Chapter 7 bankruptcy law? Get immediate answers from an attorney at the Cincinnati, Ohio, bankruptcy law firm of Minnillo & Jenkins. We have handled thousands of bankruptcy cases since 1996 and provide cost-effective, timely help.
Please do not hesitate to call Minnillo & Jenkins in Cincinnati, Ohio, about Chapter 7 bankruptcy legal help. To contact us, call 513.723.1600.
Exempt vs. Non-exempt Property Under Chapter 7
In a Chapter 7 liquidation case, the debtor must relinquish certain property to the bankruptcy trustee so that he or she can sell the property and use the proceeds to pay off debts. Property of the bankruptcy estate is broadly defined under Section 541 of the Bankruptcy Code. The estate is technically the legal owner of all of the debtor's property and consists of all legal and equitable interests that the debtor has in property at the initiation of the bankruptcy case. Income that the debtor earns after the date of the petition is not included in the estate. Debtors, whether they are businesses or individuals, are often justifiably concerned about what property they will be allowed to keep and what they must give up. A bankruptcy lawyer at Minnillo & Jenkins, CO. LPA in Cincinnati, Ohio can answer these and other questions, allay fears and keep the process moving forward as painlessly as possible.
A debtor must file a schedule of exempt property with the court. Exempt property is property that the debtor can protect from liquidation. The Bankruptcy Code allows each state to adopt its own exemption laws, which the debtor can select instead of the federal exemptions. It is important to consult with an attorney who can explain the exemptions available under your state's laws and how they compare to the available federal exemptions.
Non-exempt Property
Items that the debtor usually must forfeit include:
- Expensive musical instruments, unless the debtor is a professional musician
- Collections of stamps, coins and other valuable items
- Family heirlooms
- Cash, bank accounts, stocks, bonds and other investments
- A second car or truck
- A second home or vacation home
Exempt Property
Certain types of property are exempt, meaning that the debtor can keep that property. Exempt property includes:
- Motor vehicles, up to a certain value
- Reasonably necessary clothing
- Reasonably necessary household goods and furnishings
- Household appliances
- Jewelry, up to a certain value
- Pensions
- A portion of the equity in the debtor's home
- Tools of the debtor's trade or profession, up to a certain value
- A portion of unpaid but earned wages
- Public benefits, including public assistance (welfare), social security and unemployment compensation, accumulated in a bank account
- Damages awarded for personal injury
Conclusion
If you have questions about what property you will be allowed to retain if you file for bankruptcy under Chapter 7 of the Bankruptcy Code, it is prudent to seek the counsel of an experienced and knowledgeable bankruptcy attorney at Minnillo & Jenkins, CO. LPA in Cincinnati, Ohio who can respond promptly and accurately and put your mind at ease.
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