Will the trustee liquidate all of my belongings in Chapter 7 Bankruptcy?
No, the trustee will not liquidate all of your belongings in a Chapter 7 Bankruptcy in South Dakota. This type of bankruptcy is known as a liquidation bankruptcy because it requires that non-exempt assets be sold by the trustee to pay off creditors. However, in South Dakota, debtors are allowed to use exemptions to keep many possessions and assets. Exemptions are determined by state law and the amount you can keep is listed in the South Dakota Code of Civil Procedure. Some of the exempt assets include motor vehicles, home equity, tools of the trade, and household goods. Retirement accounts and insurance policies are also exempt. Additionally, you may be able to protect some of your assets through a reaffirmation agreement, which allows you to keep a specific asset but agreeing to pay the creditor and keep the loan active. Ultimately, the trustee will only liquidate any non-exempt assets that you have in order to pay off the creditors.
Related FAQs
How does filing for Chapter 7 Bankruptcy affect joint debts?How does the trustee handle my debts in a Chapter 7 Bankruptcy?
How much will my attorney fees be for filing for Chapter 7 Bankruptcy?
What is a means test?
How do I know if I should file for Chapter 7 Bankruptcy?
What debts can be discharged in Chapter 7 Bankruptcy?
How do I stop creditor harassment when filing for Chapter 7 Bankruptcy?
Are there different types of Chapter 7 Bankruptcy?
Do I need to attend a credit counseling session to file for Chapter 7 Bankruptcy?
What are the steps of a Chapter 7 Bankruptcy?
Related Blog Posts
What is Chapter 7 Bankruptcy Law? - July 31, 2023How Can I File Chapter 7 Bankruptcy? - August 7, 2023
An Overview of the Chapter 7 Bankruptcy Process - August 14, 2023
What Assets Can Be Exempt in Chapter 7 Bankruptcy? - August 21, 2023
How Does Chapter 7 Bankruptcy Discharge Debts? - August 28, 2023