Category Archives: Exemptions

How Much Can my Chapter 7 Banrkuptcy Trustee Can Take from Me?

Most Chapter 7 bankruptcy cases that I handle in my area of Michigan are “no-asset” bankruptcy cases, meaning that, after I  have exempted the filing individual’s personal assets from the bankruptcy estate created by the filing of the bankruptcy petition, there is nothing left available for the Trustee to liquidate (seize and sell off for cash) and distribute to creditors. In fact, the great majority of Chapter 7 bankruptcy cases filed anywhere are “no-asset” cases of this sort.

However, some cases are “asset” cases that do involve a transfer of assets from the filing individual’s ownership to the creditors whose debts he or she is discharging by way of the Chapter 7 Trustee assigned to the case, whose job is to do just that.

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Is My Personal Injury Settlement Protected in Bankruptcy?

A personal injury settlement in Michigan may be protected in bankruptcy in a number of different ways depending upon the classification of the settlement funds.

Personal injury settlements may be awarded by Michigan district or circuit courts for different purposes: lost wage replacement, medical expense damages, caretaker or nursing services, and punitive damages, to name a few settlement categorizations. Depending upon which of these categorizations applies to a specific sum of settlement funds, the settlement may or may not be protectible in bankruptcy.

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Can I Spend My Cash Before Filing for Chapter 7 Bankruptcy?

If you are preparing to file for bankruptcy and a Chapter 7 bankruptcy in particular and you have a large amount of cash in your possession, protecting that cash can be problematic. As I’ve described in previous posts, personal property that is “non-exempt” (non-protected) in a Chapter 7 bankruptcy can be seized by the Chapter 7 trustee assigned toyour bankruptcy case and distributed to your creditors. This applies to cash “property” as well, only a limited amount of which can be exempted, or protected. However, there are steps you can take prior to filing for bankruptcy to reduce cash assets in a legal manner.

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Will I Lose my Second Home if I File Chapter 13 Bankruptcy?

Chapter 13 bankruptcies do not require the liquidation of property as Chapter 7 bankruptcies do when property is unable to be exempted. Instead, Chapter 13 bankruptcies are “funded” by the monthly payments filing debtors make to their Chapter 13 Plans. Personal and real property is not subject to liquidation (seizing and selling off of property by the Trustee assigned to a Chapter 7 case by the court) in a Chapter 13 at all.

That does not mean, however, that it is always possible to retain a second home or second piece of real estate in a Chapter 13, particularly if it is a home for which you are making mortgage or other payments.

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Should I Transfer Property out of My Name before Filing for Bankruptcy?

It seems like an easy fix, when making attempts to protect assets from creditors prior to deciding to file for bankruptcy to move those assets from your name to a son or daughter or sibling or parent. Often, when people have quit-claimed a home to someone else to protect it from a creditor, they still do not realize, at that point, that they may end up filing for bankruptcy. In other cases, the transfer is made simply for “estate-planning purposes,” or, in other words, to keep a piece of property in the family in the event of a tragedy without planning for its proper transfer within a legal will or bequest.

Either way, transferring property in this manner can cause a great deal of difficulty when it comes to filing for bankruptcy afterward. Continue reading