Legal Question in Bankruptcy in Georgia
In Georgia, if I file chapter 7 bankruptcy and I own my home, can I keep my home? There is no mortgage but I have $70,000 of debt which I cannot pay and I am unemployed at age 52.
2 Answers from Attorneys
If the home is worth less than $10,000 ($20,000 if you are married and the house is jointly titled), yes. If it's worth much more than that, probably not. See a lawyer to review your options.
The amount of debt you owe is irrelevant. What is relevant is the amount of equity in the house. A person receives a $10,000.00 exemption for equity on a house. If you have much more equity than that, the Trustee is more than likely to sell the house and use the money to pay off the debts. If the house sells for more than the debt you owe, you will receive that money. If you want to keep the house, you will probably need to file Chapter 13 bankruptcy. I would be more than happy to speak with you on this matter.
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In chapter 7 do you keep your house if there is no equity. payments are current Asked 6/01/10, 6:47 pm in United States Georgia Bankruptcy Law