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Can I file chapter 7 without including my house?
I have way too much credit card debt and medical debt, and I don't see any way out other than getting rid of it through bankruptcy. However, I want to be able to keep my house. Can i file chapter 7 without including my house?
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My question is about a CD. If I file for Chapter 7, will be certificate of deposit be protected?This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.
Answers
If you file a Chapter 7 or a Chapter 13 bankruptcy, your house must be listed as one of your assets. However, this does not mean that you will lose your house. Although a Chapter 7 bankruptcy trustee will want to liquidate (sell) your valuable assets and amass a “bankruptcy estate” for you, from which certain creditors will be paid, your equity could be exempt from inclusion in the bankruptcy estate by virtue of the state exemption laws available in your state which are used by the bankruptcy court to determine the property that you must be allowed to keep. Another way to keep the house Is through reaffirmation of the secured mortgage debt that goes along with the house. If you have little equity in the house and you are able to keep making payments, the bankruptcy court may grant your motion to be allowed to reaffirm the debt and stay in your home by simply continuing to make your monthly payments.
Talk to a Bankruptcy Lawyer about the laws in your state, and how bankruptcy can help you get rid of debts and keep all of your property.
Good luck.
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Posted by Jason Tong on 03 Jun 2010