If I file for bankruptcy, can I avoid being required to liquidate my valuable musical instruments that I rely on for 100% of myincome?

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If I file for bankruptcy, can I avoid being required to liquidate my valuable musical instruments that I rely on for 100% of myincome?

I am a music professor and performer. I have 2 young children and am going through divorce. My monthly take home income is $1,000 less than my present monthly living expenses.

Asked on January 28, 2012 under Bankruptcy Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Speak with a bankruptcy attorney before doing anything: the bankruptcy rules can get very technical.

As a general matter, you probably want to look at a Chapter 13, not Chapter 7, bankrutpcy. Chapter 13 involves coming up with, under court supervision, a plan to repay creditors as much as possible over 3 - 5 years; it does not involve liquidating assets. Chapter 7, on the other hand, does involve liquidation. While there are exceptions to what would have to be liquidated under Chapter 7, you would not want to rely on those without being absolutely sure how they apply to you. Given that your instruments are vital to your livelihood, you don't want to take any chances--consult with an experienced attorney.


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