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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 01-13-2002, 12:18 PM
outtatime
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bancruptcy


we are considering a bk 7 or 13, are not sure which to use. after a bk 7 does the trustee bring a truck to the house and load up our assets or do they have an auction in the driveway. we want to keep our house and 8 acres that is valued at 141k but owe 152k after a consolidation 2 years ago. our assets total around 30k. after a bk 7, does the trustee sell off our assets in our driveway? will we know what we will lose before we file or not find that out till the hearing? would we be better off filing bk 13, try to come up with repayment plan, and sell off some of our assets to satisfy our debts? we want to try to keep the house, and the one vehicle we owe 12 payments of 659.00 on. whichever bk we decide on i plan to use ziinet, with ziinet they say no one has to know we filed bk, but if the trustee shows up at the house to take possession of our assets, everyone will know.
  #2  
Old 01-13-2002, 01:22 PM
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First of all, a bk is a public record and regardless of what anyone says, if someoen wants to know, all they have to do is go to theFederal Courthouse and ask for the file. Also, more and more bk courts are providing online access to cases.
I'd suggest you seea real lawyer about all of your options. You don't provide anywhere near enough information for anyone to make any sort of informed decision about what may be your best option.
Every state has different exemptions and different dollar amounts of exemptions. Also, a lawyer will be able to advise you how to convert nonexempt assets into exempt assets {legally of course} so you have as much of an advantage as the law allows. Also, a lawyer will have a feel for what trustees and judges will do in case there is a "gray area".
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