Filing for Bankruptcy: What Can You Protect?

The amount of cash you can have on hand depends on the type of bankruptcy you file. If you file Chapter 13, you will be allowed to keep your cash initially, but you will have to pay back your debt over time. With Chapter 7, you may be able to protect a small amount of cash through exemptions.

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Wages that you earned before you filed but didn’t receive until after you file are part of the bankruptcy estate. You may be able to keep wages earned before filing and received after filing if you can prove that you need the money for reasonable and necessary living expenses.

If you are unable to keep up with your credit card and loan payments, filing chapter 7 bankruptcy can erase some of your debts. Chapter 7 bankruptcy is an option for consumers with limited income. If your income is too high to qualify for Chapter 7, you can file for Chapter 13 bankruptcy protection.

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Bankruptcy. Before you consider filing a Chapter 13 here are some things you should know: You must file all required tax returns for tax periods ending within four years of your bankruptcy filing. During your bankruptcy you must continue to file, or get an extension of time to file, all required returns.

Doing so enables you to minimize the costs and problems, and maximize the benefits of filing a bankruptcy (or, not filing). However, as long as you are eligible to file under one of the bankruptcy chapters , you can still eliminate or restructure debts that are owed after a lawsuit is filed and even after a judgment has been entered against you.

2 Protect Business Assets When Filing for Bankruptcy;. If you file Chapter 7 bankruptcy, the court determines who will be paid, when and how much. If you file Chapter 11, the payment schedule.

If you are self-employed and think you might need to file for personal bankruptcy protection, your case is probably going to be a bit more complicated than if you worked for someone else. There are various types of business entities and bankruptcy treats them differently – the rules aren’t one-size-fits-all.

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Protecting assets in bankruptcy: Talk to an attorney If you are considering filing bankruptcy and have considerable assets to protect, talk to an attorney. Do not attempt to hide or conceal or transfer or sell your assets prior to discussing your intentions with a bankruptcy lawyer.