Filing for Bankruptcy: What Can You Protect?

Filing for bankruptcy is a legal process that either reduces, restructures or eliminates your debts. Filing bankruptcy with a court is the first step. You can file on your own or you can file with an attorney. Bankruptcy costs include attorney fees and filing fees. If you file on your own, you will still be responsible for filing fees.

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The Homestead Exemption in Bankruptcy. Exemptions are what allow you to keep a certain amount of property in chapter 7 bankruptcy. But how much property you can protect depends on the exemption laws of your state. Most states have a homestead exemption specifically designed to protect a certain amount of equity in your principal residence.

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When you file for chapter 7 bankruptcy, one of the questions you will be asked is whether you have any expected assets coming in. A tax refund is an example of an expected asset, so once you receive it, creditors are allowed to claim it if you have already exceeded all of your Florida bankruptcy exemptions.

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Protecting bank account funds is a priority for most people filing for Chapter 7 or 13 bankruptcy. How bankruptcy will affect your cash or bank account deposits depends on whether the money is protected by a bankruptcy exemption and whether you are able to do some pre-bankruptcy planning to protect money that is not exempt in bankruptcy.

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You Can Protect Most IRAs and Retirement Accounts in Bankruptcy. Under federal law, IRAs and most (tax-exempt) retirement accounts cannot be taken to pay your creditors in bankruptcy. The laws that protect these assets from your creditors are called federal nonbankruptcy exemptions (you can use them in bankruptcy). Your state will likely provide similar protections.

This means that if your property is worth less than a particular dollar amount, you can keep it. In general, Chapter 7 exemptions are much lower, stricter, and offer less flexibility than chapter 13 exemptions. So if you file a chapter 13 bankruptcy, you are much more likely to keep your house than if you file a chapter 7.