Asked on Sep 11th, 2013 on Bankruptcy - South Carolina
More details to this question:
I have $5k invested in a stock, of which I am waiting for a binary event to launch the stock price. I dont know when that event will happen. Could $5k in stock be taken from me now if I filed ch 7 today? What if today the stock tripples in value? The stock in in a basic americatrade account, not a Roth or IRA. Should I sell the stock now, open and IRA repurchase that stock in this fund?
Whether any assets are protected in a Chapter 7 case depends on what exemptions are available to you under applicable state or federal law.
Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections. Every state has different exemptions amounts available. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period.
When you file a Chapter 7 case the Trustee becomes the owner of any and all assets you have and, unless they are protected by an exemption, will likely sell them if there is sufficient value. You also have a duty to disclose all assets and their values.
How you should list your stock and/or whether you should instead move it to an IRA can only be determined after a comprehensive consult with an experienced bankruptcy attorney in your area.
Mark Markus has been practicing exclusively bankruptcy law in California since 1991. He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.
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