Will the Bankruptcy Court Take My Property?

Most bankruptcy cases are "no-asset" which means none of your property will be taken. When you file bankruptcy, you must provide the court with a list of all of your assets. A certain amount of property is exempt from being taken by the bankruptcy court. If your assets are less than that amount, none of your property will be taken. However, if you do have property that exceeds your exemption amounts, your bankruptcy trustee can take that property and liquidate it to pay your creditors. If you want to keep non-exempt property in a Chapter 7, you will have to pay the bankruptcy court the value of the property. Under Chapter 13, there is a good chance you will be able to keep most, if not all, of your property, but you may have to increase your Chapter 13 plan payments to cover the non-exempt portion of your assets.

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