Legal Question in Bankruptcy in California

About my car and house

My husband and I are considering filing for bankruptcy, and we want to know if we will be in danger of losing our cars and our house? We are making payments on these items, and we wouldn't be listing these to erase. My husband feels that we would, and I am hoping he is mistaken.


Asked on 7/09/04, 10:09 pm

4 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: About my car and house

Generally, people who file a Chapter 7 bankruptcy (liquidation) are able to keep their house and car. There are many ifs, though. It depends how much equity you have in your house (amount worth minus amount owed), and whether your car payments are current or could be brought current fairly soon. Please give me a call on Saturday early PM if you have any questions. (310) 858-9771. Thanks. -Robert

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Answered on 7/09/04, 10:12 pm
Mark Markus Law Office of Mark J. Markus

Re: About my car and house

There is no way to answer your question without knowing the value of all your assets, and the amounts of any liens or encumbrances securing them. If you desire representation and would like a free phone consultation, please visit my webpage at http://www.bklaw.com/consult.html and then contact me to schedule an appointment. I will be happy to answer all your questions.

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Answered on 7/09/04, 10:13 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: About my car and house

You will be doing chapter 7...and would be able to keep your house and car..if the payments are current. If your equity in the house is within the exempted amount...creditor'e would not be able to touch that equity.

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Answered on 7/10/04, 12:11 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: About my car and house

The answer depends on the amount of equity in your house and car--generally, you can keep them in a Chapter 7 bankruptcy by keeping the payments current and if the equity is at or less than the state exemptions allow.

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Answered on 7/10/04, 1:03 pm


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