Understanding Assisted Person (Bankruptcy): A Comprehensive Guide

Definition & Meaning

An assisted person, in the context of bankruptcy, refers to any individual whose debts are primarily consumer debts and whose nonexempt property is valued at less than $164,250. This definition is outlined in federal bankruptcy law, specifically under 11 USCS § 101. Essentially, it identifies individuals who may qualify for certain types of bankruptcy relief based on their financial situation.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A single parent with $30,000 in credit card debt and a car worth $10,000 may qualify as an assisted person, as their debts are primarily consumer-related and their nonexempt property is below the threshold.

Example 2: An individual with $200,000 in business debt and a home valued at $300,000 would not qualify as an assisted person since their debts are not primarily consumer debts. (hypothetical example)

Comparison with related terms

Term Definition
Debtor A person or entity that owes money to another party.
Consumer Debts Debts incurred for personal, family, or household purposes.
Nonexempt Property Assets that can be sold to pay creditors in bankruptcy.

What to do if this term applies to you

If you believe you qualify as an assisted person, consider the following steps:

  • Gather documentation of your debts and property values.
  • Explore bankruptcy options, such as Chapter 7 or Chapter 13, to determine which may be best for your situation.
  • Utilize resources like US Legal Forms for ready-to-use legal templates that can help you prepare necessary documents.
  • If your situation is complex, consult a legal professional for tailored advice.

Quick facts

  • Typical threshold for nonexempt property: $164,250.
  • Debts must be primarily consumer-related.
  • Eligibility can vary based on income and household size.

Key takeaways

Frequently asked questions

Consumer debt includes debts incurred for personal, family, or household purposes, such as credit card debt or personal loans.