Bankruptcy Myth 3 Explained

Myth 3: You Will Lose Everything You Have.

NOT TRUE.

Most of our clients don't lose anything.

While laws vary from state to state, every state has exemptions that protect certain kinds of property. Using North Carolina as an example, there are exemptions to protect such things as your house, your car, your truck, household goods and furnishings, IRAs, retirement plans, the cash value in life insurance, wages, and personal injury claims. There is even a "wildcard" exemption of $5,000 per person that can be applied wherever you want it.  In those rarer situations where you have more property than can be protected by available exemptions, there is Chapter 13. In Chapter 13, you can even keep this property by paying a higher Chapter 13 plan payment.

At the same time, filing bankruptcy does not generally wipe out or get rid of mortgages or liens against your property.  Therefore, if you want to keep a car, truck, home or business equipment that serves as collateral for a loan, you need to keep paying on the debt.  If you make these payments and have exemptions to cover any value above what is owed, you can rest assured you will be able to keep these items.