|
| |
Assets
Exempt assets are assets that
the bankruptcy trustee is not allowed to take away from you to pay debts.
Most kinds of property owned by typical people who file bankruptcy are
exempt, meaning you don't lose them if you file bankruptcy. But
whether an item is exempt or not depends not only on what category of
property it is, but also the value of your equity in the property. How
much of the item do you own, over and above any balance owned on it
The permissible exemptions usually have dollar limits to the amount of
equity you can claim as exempt.
How to place a value on your property
11 U.S.C. § 506(a): Fair
Valuation of Collateral
 |
The value of your personal property
that is collateral for debt (a debt where the creditor could repossess the
item if you stop making payments, such as a car, furniture or computer
equipment being purchased on installment) is determined based on the
replacement value of such property as of the filing date of the bankruptcy
case without deduction for selling or marketing costs.
|
 |
if the item was acquired for
personal, family, or household purposes, replacement value is the price a
retail merchant would charge for a an item of that kind considering the
age and condition of the property at the time is value is determined.
|
 |
So the value of the car, the
furniture the computer or anything else that you won't own unless it's
paid off, is not what you paid for it , and it is not what you could sell
for it at the flea market. The value is what you would have to pay a
retail store selling similar items in a similar age and condition.
|
 |
Most retail stores do not sell used
items. However, there are usually stores in the area selling used
furniture, musical instruments, cars, and similar products. You
might be able to provide a good estimate of the value of one of your items
by inquiring at such a store. I you can't find a a store that sells
similar items in similar condition, the next best source for an objective
appraisal is probably eBay or similar online markets. |
|
|
|