Monday, January 9, 2012

Property: Is it Real or is it Personal?

A key aspect of Bankruptcy is determining what you owe and what you own.  Usually, what you owe is fairly simple because it seems like whichever way you turn they're there just waiting to tell you what you owe them!  Unfortunately, what you own, while not complicated, may take a little time.

First - property to typically broken into two categories, Real and Personal.  In Law School I heard that an easy way to understand what Real Property is if you can move it it's likely Personal Property - everything else is Real Property.

The formal definitions are that Personal Property is any movable or intangible thing that is subject to ownership and not classified as Real Property.  Real Property is Land and anything growing on, attached to, or erected on it, excluding anything that may be severed without injury to the land.

In every day Americana and in the context of Bankruptcy Real Property is the home you live in, and Personal Property consists of what you would consider your personal possessions.  Real Property is easily inventoried, however, Personal Property make take a little bit of time.

It is important that you capture the extent of your belongings, from socks to lawn mowers.  The easiest way that I have found to do this is approach the task room by room.  Start in the kitchen and develop a list of the pots and pans, silverware, furniture, etc.  Keep in mind that the stove and dishwasher likely came with the house and are part of your Real Property.  Then keep the process moving room by room.

We developed a spreadsheet that provides a handy format for capturing the list.  Once you have the list then you will need to place a value to your property.  This is the replacement value - what you could buy it for from a retail vendor considering its condition and age.

Keep in mind that stocks and bonds, insurance policies, jewelry, cars, collectables, etc., are all considered Personal Property.  Tax Returns are also required to be listed.

If you are looking to start off the New Year with the resolution of getting your finances under control, give us a call today to set an appointment for your FREE consultation.

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