Asset Protection

Most debtors in bankruptcy have two goals: 1) preserve as much assets as possible and 2) discharge debt. This can be done in a bankruptcy.

Preserving assets through a bankruptcy can be an extremely hazardous endeavor. The reason is not that the laws are unclear about what is exempt (what you keep) and what is non-exempt (what you lose), the dangerous element is converting non-exempt property into exempt property and then filing a bankruptcy.

Exactly how far one can go doing this is unclear and the cases law is incomplete. So, one must almost predict what the next case will say in order to be protected.

There is no easy answer.

Charles Chesnutt