Bankruptcy: Do I have to give up any property/assets?

Chapter 7

Generally, in a Ch 7 bankruptcy you will not have to give up any assets. I say “generally” because that is the case in 95% of our case filings. You will only need to give up assets if you do not have enough exemptions to cover them.  Also, you would have the option to pay the trustee the amount equivalent to the asset that would be otherwise turned over. As long as during your initial consultation you are open and honest with us, we can run through your exemptions with you and verify whether or not all of your assets would be protected.

Chapter 13

In a Ch 13 bankruptcy you would only give up assets if you want to. This is because of something called the Liquidation Analysis which would allow you to pay your trustee in monthly installments the amount equivalent to the assets that would otherwise be given up.

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