Legal Question in Bankruptcy in Michigan

Ownership of posessions

My question is, If I declare bankruptcy will I loose all my posessions(house, truck, electronics,etc.)? If I am able to keep them how will it be determined what I will be able to keep? If you do declare bankruptcy what posessions will you have to sell?


Asked on 6/25/01, 8:56 pm

1 Answer from Attorneys

Don Darnell Darnell & Lulgjuraj, P.C.

Re: Ownership of posessions

It really depends on a number of factors. But, generally, in a chapter 7 liquidation, a debtor can retain over $16k in equity in a home. For example if you own a home worth $100k with a mortgage for $84k, then you would have only $16k in equity, and could retain the house. It would be double if you have a spouse and you both file. The same rule for a car, but the amount is only $2650.00.

You don't sell any possessions in bankruptcy, but the trustee may if they are not covered by an exemption. For example, if you have $10k gun collection, its likely the trustee will take it, sell it, and give the money to your creditors. What you are able to keep is determined, generally, by state or federal exemptions. The exemptions that I have provided are federal, and you may or not may not be able to take federal exemptions, depending on your situation.

Bankruptcy is very complicated - I suggest that you contact local counsel to discuss your situation in detail.

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Answered on 7/01/01, 9:51 pm


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