Legal Question in Bankruptcy in California

Bankruptcy

Can I file for Chapter 7 and still keep my primary residence. My investment property is currently in forclosure,will the bank attach my primary residence if I file a Chapter 7?


Asked on 9/23/07, 12:19 pm

3 Answers from Attorneys

Amy Ghosh Law Offices of Amy Ghosh

Re: Bankruptcy

you can get ex emption up to $75k. If you have lot more equity then trustee can come after your primary residence.

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Answered on 9/24/07, 12:39 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Bankruptcy

You need to provide your lawyer with more information, namely whether you're behind on your mortgage payments and the amount of equity in your home. There are applicable exemptions for equity up to a certain point.

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Answered on 9/23/07, 2:59 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: Bankruptcy

You may be able to keep your primary residence in a Chapter 7, but it depends on many factors that you need to discuss with your bankruptcy attorney.

California's homestead exemption law dictates the amount of equity in your home that you can protect from creditors in a bankruptcy. The exemption amount depends on the several factors, including your age and marital status. If the equity in your home is equal to or less than the allowable homstead exemption and you keep up your mortgage payments, you should be able to keep your home.

If you have a large emount of equity in your home, you might lose it in a Chapter 7 if the trustee decides to sell it. In that case, a Chapter 13 repayment plan might be better for you.

You need to see a local bankruptcy attorney because it is impossible to give you more specific advice without more information about your particular situation.

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Answered on 9/23/07, 5:08 pm


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