What is bankruptcy?
Bankruptcy is a legal proceeding brought in the U.S. Bankruptcy Court, designed to protect an individual or business debtor that cannot meet its financial obligations, and also designed to protect the creditors. The Bankruptcy Code, the federal law that governs all bankruptcies, refers to different bankruptcies by the chapters in the Code: (Chapter 7, 11, 12 or 13). In a Chapter 7 bankruptcy (a straight bankruptcy or liquidation), the Bankruptcy Court appoints a Trustee to take the debtor's property (except for exempt property), sell it, and distribute it among the creditors. The debtor is then discharged (released) from most debts and doesn't have to pay them. In a Chapter 13 bankruptcy, the debtor submits a plan to pay the creditors some or all of the debts over a 3 to 5 year period, usually through a wage deduction. If your household income exceeds the median income for this geographical area, you have to file a Chapter 13 rather than a Chapter 7. Debtors can also protect certain nonexempt property they don’t want to lose, and they can catch up on a home mortgage if they’re behind. Also, some car loans can be reduced if the car is worth less than what is owed. Not for the average consumer: Chapter 12 bankruptcy is reserved for family farmers or fisherman. Chapter 11 bankruptcy (a reorganization) allows a business time to reorganize and work itself out of debt, but does not grant a discharge. You may have to file a Chapter 13 rather than a Chapter 7. If you earn above a certain amount, you may have to file a Chapter 13 instead of a Chapter 7. If your household income is above the median income for New York ( 1 person-$55,333; 2-$71,343; 3-$83,887; 4-$102,384.
Will I lose all my property?
No, some property is exempt (the Trustee can't take it) including: most clothing and furniture; the equity in a home up to $85,400 ($170,800 for a couple); or if you don't own a home, $5700 cash; plus one car per person up to $4,550; these figures are adjusted every 3 years for inflation. Pensions; IRAs; most life insurance policies; and certain other items are also exempt. In a typical consumer bankruptcy, the debtor has no nonexempt property and almost everything is exempt, so there is nothing for the Trustee to take or distribute. These are called "no asset" cases.