Chapter 7 Bankruptcy: Not All Assets are At Risk

TRI Writer • February 17, 2021

Do you know which assets are exempt during a bankruptcy case? Before filing, it is essential to understand the difference between an exempt asset and a non-exempt asset. 

What is a Non-exempt asset During a Bankruptcy Case? 

After filing Chapter 7 bankruptcy, certain assets (property you own) may be sold to pay creditors for debts owed. Assets that may be sold to repay creditors during Chapter 7 bankruptcy are called non-exempt assets. Assets the bankruptcy court considers non-exempt can vary depending on state and federal law, but generally speaking, non-exempt assets will include any of the following: 

  • Residential property or house that is not the filer’s primary home
  • New model car holding equity
  • Expensive musical instruments not necessary for the profession
  • Jewelry
  • Artwork of value
  • Expensive clothing
  • Valuable stamp or coin collections
  • Investments not held in a retirement account

What Are Exempt Assets During a Bankruptcy Case? 

Not all assets are at risk during a Chapter 7 bankruptcy. Some assets are considered “exempt” from bankruptcy, so the bankruptcy trustee cannot sell them to pay creditors. Bankruptcy exemptions determine exempt assets. Exempt assets are usually things the filer needs to live or work. Assets the bankruptcy court considers exempt can vary depending on state and federal law, but generally speaking, exempt assets will include any of the following: 

  • Retirement accounts
  • Furniture, household goods, and everyday clothing
  • A car with minimal equity
  • Tools required for the filer’s job

What is a “No Asset” Bankruptcy Case? 

If you file Chapter 7 bankruptcy and have no non-exempt assets, you will file a “no asset” bankruptcy case. In a no asset bankruptcy case, there are no assets available for the bankruptcy trustee to sell, so creditors won’t receive any payments due to the bankruptcy. Your bankruptcy attorney can review your case and determine which bankruptcy exemptions apply to your assets. 

If you are one of the many struggling Americans looking for solutions and have questions about how bankruptcy could affect your life, work, or assets, please don’t hesitate to get in touch with Ken Rannick. Most bankruptcy offices in the Chattanooga area don’t have a single Consumer Bankruptcy Specialist on staff. Our office is the only one with two. You are in good hands with Kenneth C. Rannick P.C.

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Are you a Tennessee resident facing financial challenges and considering bankruptcy? If so, you may have heard about a relatively new option called Subchapter 5 bankruptcy. But what exactly is Subchapter 5 and how does it differ from traditional Chapter 11 bankruptcy? More importantly, what benefits does it offer to individuals and small businesses?  In this blog post, we will explore the world of Subchapter 5 bankruptcy and shed light on its advantages for Tennessee residents. Whether you're a struggling entrepreneur or an individual burdened by overwhelming debt, understanding the potential benefits of Subchapter 5 can help you make informed decisions about your financial future. What is Subchapter 5 Bankruptcy? Subchapter 5 is a relatively recent addition to the United States Bankruptcy Code, specifically designed to provide a streamlined and cost-effective bankruptcy process for small businesses and individuals. It was created as part of the Small Business Reorganization Act (SBRA) in 2019, with the aim of increasing accessibility to Chapter 11 bankruptcy relief. The Benefits of Subchapter 5 Bankruptcy Simplified Process: One of the key advantages of Subchapter 5 is its simplified and faster bankruptcy process. Unlike traditional Chapter 11 bankruptcy, which can be complex and costly, Subchapter 5 offers a more streamlined approach that is better suited for small businesses and individuals. Retention of Ownership: Under Subchapter 5, business owners have the opportunity to retain ownership and control of their company while developing a repayment plan. This allows for greater flexibility and the ability to restructure debts without losing ownership interests. Reduced Plan Requirements: Subchapter 5 eliminates certain stringent plan requirements that are typically associated with traditional Chapter 11 bankruptcy. This simplification of the plan process makes it more accessible to small businesses and individuals. Debt Repayment Plan: Subchapter 5 allows for the development of a debt repayment plan based on the individual's or small business's disposable income. This plan spans over three to five years, making it more manageable and achievable for debtors. Creditor-Friendly Approach: Subchapter 5 encourages creditor participation and collaboration, promoting consensual resolutions and a more amicable environment. This can lead to increased cooperation, reduced litigation costs, and ultimately, a more successful restructuring process. Subchapter 5 vs. Chapter 11 Bankruptcy: Understanding the Difference While both Subchapter 5 bankruptcy and traditional Chapter 11 bankruptcy share some similarities, there are significant differences between the two. The primary distinction lies in the complexity, cost, and requirements associated with each option. Subchapter 5 offers a more simplified and accessible bankruptcy process specifically tailored to the needs of small businesses and individuals, while Chapter 11 is better suited for larger businesses with more complex financial structures. If you're a Tennessee resident grappling with financial difficulties, Subchapter 5 bankruptcy may provide a viable solution. Its streamlined process, reduced plan requirements, and debtor-friendly approach make it an attractive option for small businesses and individuals seeking relief from overwhelming debt. Before making any decisions, it's essential to consult with a qualified bankruptcy attorney who can guide you through the process and help determine the best course of action for your specific situation. Remember, bankruptcy is not a one-size-fits-all solution, and the outcome will depend on various factors. However, understanding the potential benefits of Subchapter 5 bankruptcy can empower you to make informed decisions about your financial future. At Kenneth C. Rannick, P.C., we specialize in bankruptcy law and can provide the guidance and support you need during challenging times. Contact us today to schedule a consultation and explore your options for a fresh start. Take control of your financial future with Subchapter 5 bankruptcy. Let us help you navigate the path to a brighter tomorrow.
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