No, the debtor does not always have to turn over property to the trustee. In fact, half the time, the debtor won't have any nonexempt property for the trustee to collect. There are certain exemptions that differ from state to state that can protect up to a certain dollar value of a debtor's real and personal property. If all the debtor's real and person property are protected under the exemptions, the trustee will consider the case to be a "no-asset case." This means that the creditors will be advised that there is no available assets to pay the creditors with and the trustee will not have anything to collect. If the trustee later finds out that there are are nonexempt properties, he or she is able to change the case from a "no-asset case." That makes it very important that a debtor lists all real and personal properties on the bankruptcy schedules.
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Will a debtor always have to turn over property to the trustee?
Submitted by Site Admin on Fri, 04/30/2010 - 3:37pm