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A Chapter 7 bankruptcy will sell off many of your assets to pay your creditors. In a Chapter 13 bankruptcy, you keep the assets but must repay your debts over a specified period. Bankruptcy can do severe damage to your credit score and should be considered a last resort.
Types of debt that cannot be discharged in bankruptcy include alimony, child support, and certain unpaid taxes. Other types of debt that cannot be alleviated in bankruptcy include debts for willful and malicious injury to another person or property.
What creditors can take in a bankruptcy Vehicles. Land. Houses. Investment properties. Savings accounts. Any other items of value, like artwork or jewelry.
However, exempt property in a California bankruptcy is generally described as: Your main vehicle. Your home. Personal everyday items. Retirement accounts, pensions, and 401(k) plans. Burial plots. Federal benefit programs. Health aids. Household goods.
The order of claims in bankruptcy starts with creditors who provide services or goods after bankruptcy is filed. Post-petition administrative claims?that is, creditors whose claims arose after the debtor filed for bankruptcy, for the actual and necessary costs of preserving the estate?usually have first priority.