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Thoughts from a Maryland Bankruptcy Attorney
What most people don't really understand is that in effect there are two cases going on in a typical bankruptcy case. One case involves you and whether or not you're going to get a discharge in the bankruptcy.
But there's a whole separate proceeding involving your property. The assets that you bring into the bankruptcy case. Those assets are subject to secured claims, the bank can take your assets if you stop paying and they get permission from the Bankruptcy Court or the trustee can sell your assets to pay your creditors. As long as he pays off all the secured claims and pays you all of your exemptions that you're entitled to.
So while you're going forward and trying to get a discharge, your trustee is analyzing whether or not he wants to sell your assets to pay your creditors or just let your assets go because after paying your secured creditors and paying you your exemptions, there won't be anything left to pay unsecured creditors.
Ronald J. Drescher
Drescher & Associates, P.A
4 Reservoir Circle
Baltimore, MD 21208
Fax (410) 484-8120
Practicing in Maryland, Delaware, Virginia, Pennsylvania