Legal Question in Bankruptcy in New York

Can she loose her home

My mother in law (she is 75) is in credit card debt for about $30,000.00. She owns a home & can't afford to pay the cc's. Will she lose her home if she claims bankrupcy?

If so what can happen if she doesn't pay the credit cards


Asked on 5/25/04, 10:24 pm

1 Answer from Attorneys

Jay Fleischman Shaev & Fleischman LLP

Re: Can she loose her home

When considering Chapter 7 bankruptcy (that's the type of bankruptcy that eliminates credit card debt) we must determine the amount of equity in your mother's home. Equity is calculated by taking the balance due to pay all mortgages and home equity loans off in full and subtracting it from the fair market value of the home as of today. In order to determine the fair market value of the home today, you will need to speak with a licensed real estate broker in your area. The broker will be able to give what is known as a "broker's price opinion" as to what the house is worth. Once you obtain this information, feel free to contact our Scheduling Department toll-free 24 hours a day, 7 days a week to set up a free consultation in our office.

Our fees are based upon the complexity of your case, and payment plans are available. You do not need to bring any money to the office for your consultation, and we can start working on your case immediately.

Our office is located at 15 Maiden Lane, 20th Floor (between Broadway and Nassau Street), New York, New York 10038. The office is easily accessible from the following trains:

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We look forward to seeing you, and to answering your questions about bankruptcy.

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FleischmanLaw, P.C.

Debt Relief Law Center Of New York

15 Maiden Lane, Suite 2000

New York NY 10038

P: 212.785.1136

www.drlcny.com

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Answered on 5/26/04, 7:46 am


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