When you file bankruptcy you must list everything you own or are entitled to. When you file, you create a bankruptcy estate. The estate owns everything you own or are entitled to until the exemption objection period passes or you buy back non-exempt assets from the estate.
Now, listing all of your assets is not as detailed as I have five fitted sheets and ten pillowcases, but you will go through and list and value all of your assets. The bankruptcy schedules have assets laid out for you into categories. They include everything from real estate to claims against another party and everything in between.
When you list your assets, you will also assign them a value based on the reasonable fair market value of the asset if it were to be sold. If you were to purchase the assets again, this wouldn't include what you would have to pay, but instead, if you sold the asset in its current condition, what would you get for it? For example, say you have a broken-down vehicle that doesn’t run, has high miles, is over ten years old, and is rusted. You would assign this vehicle a value based on its current condition. Sometimes, depending on the situation, that can include scrape value.
Sometimes, you may need to have your assets valuated. This is common in real estate, for example. With real estate, information that is either too high or too low for what you may receive can be found. You may need to get a comparative market analysis done so that a realtor can assign a value. Your attorney can help you decide what would need a valuation from a professional and which assets would not.
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