Many people file for bankruptcy relief and still retain their houses and cars. There are many types of relief under the Bankruptcy Code for which you can qualify. The broad categories are divided into "chapters". If either your income level or the value of your un-exempt assets is too high to qualify for or obtain meaningful relief from a Chapter 7 filing, you may need to file for relief under Chapters 11, 12 or 13, depending on your occupation and debt level. Assuming that you qualify for Chapter 7 based on your household's income (which may be higher depending on the size of your household), the key question is whether you have un-exempt equity in your vehicles, house or other types of properties, such as businesses, which may cause a Chapter 7 trustee to sell your assets to pay a percentage of the proceeds to your creditors. If you do not, then you can file for Chapter 7 relief. If you do, you usually should NOT file under Chapter 7 and need to weigh the pros and cons of filing under one of the other chapters (such as 11, 12, or 13). The most important step you can take is to consult an expert on all the chapters (not just Chapter 7) as early as possible to determine what you should do next. Do not wait until things get out of control. There are steps you can take in anticipation of filing that will relieve the pressure right away or make your relief go more smoothly.
Answered on Jun 13th, 2017 at 5:38 AM