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Avoid Mistakes When Planning and Filing Virginia Bankruptcy Cases
The best-planned bankruptcy cases go unnoticed. A few debtors glide through the system without attracting attention and receive full discharges in record time. Luck is not involved, but rather each successful debtor begins planning strategically a few weeks or months in advance. These debtors know something that you don’t.
Free - 2010 Bankruptcy Strategies Explained
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"California Bankruptcy Exemptions"
State statutes list specific property which is exempt from seizure in California bankruptcy cases. In 16 states, residents are
allowed to select either state or federal exemptions provided by 11 U.S.C. 522. In all other states and
jurisdictions, debtors are limited to state exemptions only.
| 11 U.S.C. §522 allows an individual debtor may exempt from property of the estate "(A)
any property that is exempt under Federal law, other than subsection (d) of this section, or State or local
law that is applicable on the date of the filing of the petition at the place in which the debtor's domicile
has been located for the 180 days immediately preceding the date of the filing of the petition, or for a
longer portion of such 180-day period than in any other place; and (B) any interest in property in which
the debtor had, immediately before the commencement of the case, an interest as a tenant by the entirety
or joint tenant to the extent that such interest as a tenant by the entirety or joint tenant is exempt
from process under applicable nonbankruptcy law." |
The California Bankruptcy Courts adopted new statutory limits (dollar amounts) within Title 11 of the U.S.
Code. Section 109(e) - the allowable debt limit for unsecured debt is increased to $307,675. The allowable
debt limit for secured liabilities is increased to $922,975. The minimum aggregate claims need to commence an
involuntary petition under Section 303(b) is increased to $12,300. Exemptions provided by Section 522 are also
increased. The maximum value of homestead equity that may be claimed is increased to $18,450. Other exemption
increases include paragraphs (2) through (8). Luxury goods and services obtained within 60 days before filing
are nondischargeble, if exceeding the newly amended amount of $1,225. These amounts are adjusted automatically
by California bankruptcy courts every three years.
Back to California Bankruptcy words & phrases.
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