Explain the difference between exempt and non-exempt property. Do all states handle exempt property the same way? Why or why not? Try to list as many examples of exemptions as you can, based on your reading of Chapter 6

What will be an ideal response?


Exempt property is the term used to define property that is exempt from seizure by creditors and the trustee, except in rare circumstances. Nonexempt property, however, is subject to seizure. The previous section listed the property interests that are excluded from the bankruptcy estate; this section focuses on property interests that cannot be seized or sold to satisfy creditor claims. The purpose of the exemptions is to leave the debtor with a minimum amount of essential real and personal property to make a fresh start. The Bankruptcy Code allows the debtor to choose between the federal exemptions provided in 11 U.S.C. 522(d) or those allowed under state law. The debtor's state, however, may have opted out of the federal list of exemptions. If so, the debtor is limited to the exemptions allowed under state law. Most states have chosen to opt out of the federal exemptions. State bankruptcy exemptions are found in the statutory codes of that particular jurisdiction.

Legal Studies & Paralegal

You might also like to view...

The Caputo Supreme Court decision in March of 2012 held:

a. Posthumous children decisions should be made using state intestacy laws b. Grandparents must have a will that specifically provides for the grandchildren c. Same sex marriages enjoy the same rights as other married couples d. Stepchildren and not automatically entitled to their biological parent’s assets

Legal Studies & Paralegal

Reasonable suspicion is a less rigorous legal standard than probable cause, which generally requires an officer to have articulable facts that would lead a reasonable person to suspect that criminal activity is afoot

Indicate whether the statement is true or false

Legal Studies & Paralegal

Upon the filing of an involuntary petition, the clerk issues a summons and the involuntary petition and summons are served upon the debtor.

Answer the following statement true (T) or false (F)

Legal Studies & Paralegal

An advertisement states, "This coffee maker will give you a superior cup of coffee every time." Is this false advertising? Discuss.?

What will be an ideal response?

Legal Studies & Paralegal