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What happens to stocks in Chapter 7 in Oregon?

On Behalf of | Sep 10, 2024 | Chapter 7 Bankruptcy

Chapter 7 bankruptcy impacts assets in various ways. Understanding the treatment of stocks during Chapter 7 helps you make informed decisions about your financial future.

Stocks as assets in Chapter 7

When someone files for Chapter 7, stocks count as part of the individual’s assets. Exemptions for specific assets, like the home or wildcard exemption, exist that protect a portion of an individual’s vehicle, primary home, and personal belongings. 

However, stocks usually don’t fall under these exemptions. This means the trustee in charge of the bankruptcy case might sell the stocks, along with other non-exempt assets, to pay off debts.

Valuation and liquidation of stock

The value of the stocks plays a key role in how they are treated during Chapter 7. The trustee evaluates the worth of all the assets, including stocks, at the time of filing. If the value is significant, the trustee will likely liquidate the stocks to pay creditors. 

Stock prices fluctuate, so the trustee will sell them at market value. It’s important to understand that any losses or gains on the stocks will affect how much money goes toward debt repayment.

What happens if stocks are exempt?

While stocks often don’t qualify for exemptions, some specific cases may allow partial protection. If the value of the stocks falls under the allowed exemption limit, they might not get sold. However, this depends on various factors, such as the type of stock and its value compared to other assets.

Protecting assets in Chapter 7

Filing for Chapter 7 bankruptcy requires careful evaluation of your assets, including stocks. Knowing that stocks may get liquidated helps you prepare for the potential financial impact. Take time to review which assets qualify for exemptions and how the process might affect your investments.

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The Law Office of Kim Covington, is a woman owned debt relief agency, and I have helped families, individuals and small businesses, file for bankruptcy relief under the U.S. Bankruptcy Code, for over 24 years.