Is My Oil Or Gas Royalty Interest Protected In Bankruptcy? CA Bankruptcy Attorney Explains
Law Offices of Nicholas Gebelt
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Is My Oil Or Gas Royalty Interest Protected In Bankruptcy? CA Bankruptcy Attorney Explains
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Law Offices of Nicholas Gebelt
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Law Offices of Nicholas Gebelt
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Whittier, CA 90604
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California’s exemption tables don’t have a category specific to oil, gas, or mineral rights, so you’d need to protect that interest using the wildcard exemption or another available category. If you can’t exempt it, a Chapter 7 trustee can take it; in a Chapter 13 or Chapter 11, its liquidation value still factors into the minimum you must repay creditors over your plan.
In practice, a small royalty interest — say, a few dollars a year from an inherited stake — usually isn’t worth a trustee’s time to pursue. Substantial oil and gas revenue is a different story, particularly if it’s held through a corporation, since a trustee can sell the business itself to someone who wants the income stream. If your oil and gas holdings are significant, it may be worth discussing whether a Chapter 11 makes more sense than Chapter 13, given Chapter 13’s debt ceilings.
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