Legal Question in Bankruptcy in California
Hi I am a single parent with two kids. I have a house with $280,000.00 and second mortgage with $250,000 also With $30,000 credit cards debt. Do I keep my house and other property like my cars if I file for bankruptcy? How about my saving of $70,000 that my wife lift from her life insurence? Does my line of credit will erased too? Thank for your informations.
1 Answer from Attorneys
In a chapter 7, you can keep your house if it does not have excess equity. A second mortgage can be stripped off, but only through a chapter 13 payment plan and only if the balance on the first mortgage exceeds the value of the home: otherwise that junior lien will remain. There is a rather complex scheme of exemption statutes designed to shield your assets in bankruptcy. Whether you can protect the life insurance avails depends upon other factors including your income and the extent of your other assets. Certainly do not proceed with filing a petition unless you've consulted with qualified counsel and are confident all your assets will be safe from liquidation under chapter 7.