Legal Articles, Bankruptcy
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What happens at a bankruptcy creditor's meeting in Rhode Island?
Everyone who files a bankruptcy case in Rhode Island will have to attend a creditors meeting also known as the "341 Meeting". It's a meeting between the case trustee, the debtor, the debtor's attorney if they have one and any creditors that decide to attend. The debtor is asked a series of questions during this meeting about their income, expenses, debt, property, financial transactions and other things. The bankruptcy judge is not permitted to be at the creditors meeting. The meeting is held between 20 and 40 days after the case is filed. Creditors that the receive the notice. That is why it is so important to list all of your creditors and their correct addresses in your bankruptcy court forms.
Property you can keep if you file for bankruptcy in Rhode Island
Most people who file personal bankruptcy cases in Rhode Island get to keep their home and everything else that they own because the property is considered exempt by either federal or Rhode Island state law. These are considered non-asset cases because the creditors don’t receive any money. If your property is not exempt the bankruptcy case trustee can sell the property to repay your debts. An experienced Rhode Island bankruptcy attorney can ensure that you take advantage of every exemption you are legally entitled to use in your bankruptcy case.
When should you consider bankruptcy?
Bankruptcy can help both individuals and businesses that are having difficulty paying their debts. It could allow you to wipe out unsecured debts with high interest rates, save your home from foreclosure or substantially reduce the amount of money you will have to pay back to satisfy your debts in full. Many people could benefit themselves and their families by taking advantage of bankruptcy but deciding whether or not you should file for bankruptcy can be complicated.
What happens to your retirement account in a Rhode Island bankruptcy?
Current bankruptcy laws allow most people in Rhode Island to keep their pension and retirement accounts in both Chapter 7 and Chapter 13 bankruptcy cases. Some accounts are fully protected while some are only protected up to a certain amount and others don’t receive any protection at all. If you are considering filing for bankruptcy in Rhode Island and have a retirement account you should first determine the exact type of account you have, the amount of money in the account and what laws will allow you to keep it if you do file for bankruptcy.
Debts you can wipe out in a Rhode Island bankruptcy
If you qualify for a Chapter 7 bankruptcy in Rhode Island you will be able to wipe out or “discharge” your credit card debt, medical bills, car loans, personal loans, other unsecured debts and sometimes even taxes owed to the government. But not all debts will be discharged in a Rhode Island Chapter 7 bankruptcy case. That means that when your bankruptcy case closes you will still have a legal obligation to pay them back.
How to remove a lien on your Rhode Island home through bankruptcy
If you have been sued for credit card debt or any other type of debt and a judgment was won against you there is a chance you have a lien on your home. This means that when you go to sell your home you will have to satisfy the debt at the time of the sale. You may still be able to remove the lien from your home through bankruptcy.
Important questions to ask before filing for bankruptcy in Rhode Island
If you are thinking about filing for bankruptcy in Rhode Island you should first get the answers to these important questions.
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