Fort Wayne bankruptcy attorneys know firsthand that simply filing for personal bankruptcy does not mean that you will lose all of your personal property. Most of the time, with Fort Wayne bankruptcy attorneys working with you, people keep all of their essential personal property. It is actually quite rare for someone to lose their car or home after filing for personal bankruptcy.
You will not lose all of your personal property due to bankruptcy exemptions. These come into play when you file for chapter 7 personal bankruptcy, which Fort Wayne bankruptcy attorneys also call liquidation or straight bankruptcy. Chapter 7 personal bankruptcy sees a court appointed trustee helping you liquidate your nonexempt personal property to help you pay back your creditors.
To help keep your property from getting liquidated, you protect it with bankruptcy exemptions. There is a set of federal bankruptcy exemptions and also, generally, a set of state bankruptcy exemptions. Which bankruptcy exemptions you are allowed to use differ from state to state.
Many states allow you to use federal bankruptcy exemptions in conjunction with state bankruptcy exemptions. Other states require you to choose between using federal bankruptcy exemptions and state bankruptcy exemptions. Some states opt out of the federal bankruptcy exemption system altogether, though a few still along you to use supplemental federal bankruptcy exemptions with state bankruptcy exemptions.
The state of Indiana allows you to use federal bankruptcy exemptions along with state bankruptcy exemptions. Naturally, you will not use all of the bankruptcy exemptions that are available to you. The bankruptcy exemptions you use will depend upon the particulars of your bankruptcy case.
State of Indiana bankruptcy exemptions include homestead, tools of trade, wages, and even a wild card, which means you can exempt $4000 of real estate or other personal property. Fort Wayne bankruptcy attorneys will inform on how best to proceed with bankruptcy exemptions.