Can I keep my assets in a chapter 13 bankruptcy case?

At Liviakis Law Firm, we’ve worked with numerous clients who are concerned about what will happen to their assets when they file for Chapter 13 bankruptcy. While it’s a valid concern, the truth is that Chapter 13 bankruptcy is designed to help debtors reorganize their debts while keeping their assets intact. In this article, we’ll be discussing the protections provided for assets under Chapter 13 bankruptcy in Northern California.

Understanding Chapter 13 Bankruptcy

Chapter 13 bankruptcy, often referred to as ‘wage earner’s plan’, allows individuals with regular income to develop a plan to repay all or part of their debts. Debtors propose a repayment plan that details how they will settle their debts over three to five years. The main objective of Chapter 13 bankruptcy is to enable debtors to maintain their financial standing while paying off creditors over a given period.

Governing Laws in Northern California

In Northern California, the law allows debtors substantial levels of protection for their property when they file for Chapter 13 bankruptcy. The Bankruptcy Code does not require debtors to liquidate their property, unlike Chapter 7 bankruptcy. The implementation of Chapter 13 bankruptcy is governed by Federal law, but California state law plays a part in determining how much of your property you can protect.

Exempt Property Under Chapter 13 Bankruptcy

Under Chapter 13 bankruptcy, debtors can keep both ‘exempt’ and ‘non-exempt’ property. Exemptions are for items like clothing, household furnishings, appliances, pensions, retirement plans, some equity in vehicles, and possibly some equity in your home. California provides two different set of exemptions that debtors can choose from – System 1 (704 Exemptions) and System 2 (703 Exemptions). Each system provides various levels of exemptions for different types of assets. It’s crucial to work with a Sacramento bankruptcy attorney to select the appropriate system based on your circumstances.

Non-exempt Property Under Chapter 13 Bankruptcy

Non-exempt property refers to unnecessary luxury items, vacation homes, non-retirement investments, and other non-essential assets. In a Chapter 13 bankruptcy, you are allowed to keep non-exempt property, but you must pay your unsecured creditors an amount equal to the net value of these non-exempt assets over the course of your repayment plan.

Chapter 13: The Bottom Line

Filing for Chapter 13 bankruptcy in Northern California is an effective strategy for many dealing with insurmountable debt. It enables you to keep your assets and adjust your debts, offering a financial path forward. However, the process is complex and filled with critical decisions that have lasting impacts. It’s crucial to get competent legal counsel such as Liviakis Law Firm to guide you through this process.

For any further questions or to schedule a consultation, don’t hesitate to reach out. Please remember that each case is different, and results may vary depending on your circumstances.