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How bankruptcy actually works

Posted on 8/14/18 at 11:05 am
Posted by spaceranger
Member since Jan 2017
1627 posts
Posted on 8/14/18 at 11:05 am
I was reading the thread on celebrities going "bankrupt" and some people in there seemed to not know how it actually worked, so here you go

There are two types of bankruptcy for individuals. Chapter 7 and Chapter 13.

The Bankruptcy Code will allow the debtor to keep certain exempt property, but a trustee will liquidate the debtor's remaining assets. (Chapter 7 bankruptcy)

In Louisiana, exempt assets include:
Living room, dining room, and bedroom furniture; clothing; chinaware, glassware, utensils, and silverware (but not sterling); refrigerator, freezer, stove, washer and dryer; bedding and linens; family portraits; musical instruments; heating and cooling equipment; pressing irons and sewing machine; arms and military accoutrements; poultry, household pets and 1 cow; engagement and wedding rings up to $5,000; disaster relief insurance proceeds; one motor vehicle up to $7,500; one motor vehicle modified for a person with a disability up to $7,500; guns and ammunition up to $2,500.

Property you occupy up to $35,000, but cannot exceed 5 acres if the residence in a municipality, or 200 acres if not located in a municipality

Tax exempt retirement accounts (including 401(k)s, 403(b)s, profit-sharing and money purchase plans, SEP and SIMPLE IRAs, and defined benefit plans)

IRAS and Roth IRAs to $1,283,025.

insurance benefits

Public benefits including workers compensation, unemployment compensation, tax credits, crime victim compensation

Tools of trade such as tools, books, equipment, and 1 utility trailer or work

Property owned by a minor

A chapter 13 bankruptcy is also called a wage earner's plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years. If the debtor's current monthly income is less than the applicable state median, the plan will be for three years unless the court approves a longer period "for cause." (1) If the debtor's current monthly income is greater than the applicable state median, the plan generally must be for five years. In no case may a plan provide for payments over a period longer than five years. During this time the law forbids creditors from starting or continuing collection efforts.

By filing under this chapter, individuals can stop foreclosure proceedings and may cure delinquent mortgage payments over time. Nevertheless, they must still make all mortgage payments that come due during the chapter 13 plan on time. Another advantage of chapter 13 is that it allows individuals to reschedule secured debts (other than a mortgage for their primary residence) and extend them over the life of the chapter 13 plan. Doing this may lower the payments. Chapter 13 also has a special provision that protects third parties who are liable with the debtor on "consumer debts." This provision may protect co-signers. Finally, chapter 13 acts like a consolidation loan under which the individual makes the plan payments to a chapter 13 trustee who then distributes payments to creditors.
This post was edited on 8/14/18 at 11:22 am
Posted by CAD703X
Liberty Island
Member since Jul 2008
94676 posts
Posted on 8/14/18 at 11:05 am to
K
Posted by TigerFanInSouthland
Louisiana
Member since Aug 2012
28065 posts
Posted on 8/14/18 at 11:06 am to
You should stick to the space posts.
Posted by tgrbaitn08
Member since Dec 2007
148031 posts
Posted on 8/14/18 at 11:06 am to
What about Chapter 11?
Posted by GetCocky11
Calgary, AB
Member since Oct 2012
53509 posts
Posted on 8/14/18 at 11:06 am to
Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57015 posts
Posted on 8/14/18 at 11:06 am to
quote:

There are two types of bankruptcy for individuals. Chapter 7 and Chapter 13.


I am morally bankrupt...
Posted by PearlJam
NotBeardEaves
Member since Aug 2014
13908 posts
Posted on 8/14/18 at 11:11 am to
quote:

What about Chapter 11?
For individuals?
Posted by spaceranger
Member since Jan 2017
1627 posts
Posted on 8/14/18 at 11:11 am to
quote:

What about Chapter 11?


not as common for individuals, but can apply to them

Chapter 11 helps a business restructure its debts and obligations. It does not usually shutter the business. In fact, many large U.S. companies have filed Chapter 11 and stayed afloat. They include General Motors, United Airlines, K-mart and thousands of other corporations.

Corporations, partnerships and limited liability companies (LLCs) usually file Chapter 11, but in rare cases, individuals with a lot of debt, who do not qualify for Chapter 7 or 13, may qualify for Chapter 11. It takes between a few months and two years to complete a Chapter 11 bankruptcy case
Posted by Slagathor
Makin' jokes about your teeny tiny
Member since Jul 2007
39015 posts
Posted on 8/14/18 at 11:13 am to
They may take most of our stuff, but they'll never take OUR MUSICAL INSTRUMENTSSSSS!

Posted by spaceranger
Member since Jan 2017
1627 posts
Posted on 8/14/18 at 11:14 am to
quote:

I am morally bankrupt...




There are two types of financial bankruptcy for individuals*
Posted by Jim Rockford
Member since May 2011
106057 posts
Posted on 8/14/18 at 11:14 am to
quote:

200 acres if not located in a municipality 



That's at least 150-200k you can shield right there. Potentially a lot more if it's productive farmland. As for the household stuff, do they go through your personal belongings? I'm burying the silverware and whatever else I can think of in the back yard.
Posted by Wtodd
Tampa, FL
Member since Oct 2013
68603 posts
Posted on 8/14/18 at 11:15 am to
quote:

arms and military accoutrements

Too bad about those boating accidents tho
Posted by TheFonz
Somewhere in Louisiana
Member since Jul 2016
23548 posts
Posted on 8/14/18 at 11:20 am to
quote:

1 cow


Whew! That's a relief. I can keep ol' Bessie.
Posted by foshizzle
Washington DC metro
Member since Mar 2008
40599 posts
Posted on 8/14/18 at 11:47 am to
Also, somebody will be going through your records to look for mysteriously large checks you wrote to your brother in law the month before filing.
Posted by piratedude
baton rouge
Member since Oct 2009
2810 posts
Posted on 8/14/18 at 1:20 pm to
i saw Trindon Holliday at the bankruptcy court yesterday. he might know how it works.
Posted by spaceranger
Member since Jan 2017
1627 posts
Posted on 8/14/18 at 1:40 pm to
unfortunately for athletes, child support payments are considered a priority claim. This means that the full amount of debt due to child support is still due

not saying thats the case for him, but i would imagine that many athletes who retire or are no longer bringing in those big checks get pretty behind on their payments. especially since their payments are already outrageous in the first place
Posted by OTIS2
NoLA
Member since Jul 2008
52754 posts
Posted on 8/14/18 at 1:58 pm to
Where do you fit on the Spectrum, SR?
Posted by J Murdah
Member since Jun 2008
40227 posts
Posted on 8/14/18 at 2:00 pm to
quote:

Where do you fit on the Spectrum, SR?
On the visible light spectrum he's really really white
Posted by spaceranger
Member since Jan 2017
1627 posts
Posted on 8/14/18 at 2:04 pm to
no, i still have eligibility to the UREC
Posted by NOLA Tiger
New Orleans
Member since Sep 2006
844 posts
Posted on 8/14/18 at 2:06 pm to
Chapter 11 for the individual is what you file when you have too much money and debt to fit into a 13 (i.e celebrities and pro athletes).
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