Legal Question in Bankruptcy in Louisiana

keeping house

we have a house in louisiana and we are moving to california in july.can we keep this house for a rental and still file bankruptcy?not to make money on just rent it out for the payments each month.

Margaret


Asked on 5/24/02, 5:18 pm

1 Answer from Attorneys

Andrew Nichols Law Office of Andrew B. Nichols

Re: keeping house

I think I have answered a similar question for you a few weeks ago. My best advice would be to file Louisiana first and protect and keep your house. In a typical Chapter 7 bankruptcy the case will last around 4-5 months. However, after the hearing with the Trustee (this takes place around 6 weeks after your case is filed) you would be able to move to California without much difficulty.

Your question states that you are moving in July so you should be able to file immediately in Louisiana as I have suggested. If you cannot stay in Louisiana long enough to file then you will have to wait 6 months before you are eligible to file in California.

Under California and Louisiana laws the issue with the house will be how much equity (what could you sell the house for minus what is owed on the mortgage)there is. In either state you file in you can only keep up to $15,000. If your house is worth more than that you will be in a difficult situation. Please call me to discuss your case personally. ph. (800) 303-0720

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Answered on 5/29/02, 9:49 am


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