Legal Question in Bankruptcy in California
If my home is on a 15 year mortgage and worth in this market $ 245,000 and I have over $100,000 equity and I have lost my job am I elgible for a chapter 7 bankruptcy or is it illegal because I am solvent due to the amount of equity my husband and I have accrued?
2 Answer from Attorneys
Under California and federal law, a husband and wife can file chapter 7 bankruptcy and exempt (protect) $100,000 in equity in their home. Knowing that is a starting point: you would need to consult with a bankruptcy attorney to examine all your financial affairs. She or he can help you determine if you are eligible for chapter 7 relief and if it's advisable.
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