Legal Question in Bankruptcy in Ohio
Can creditors come in home and take belongings when you file for chapter 13
If I file for chapter 13 and only want to file on credit card debt can creditors come into my home and take things like furniture ,tv's and personal belongings? What can they take? Our home and vehicle loans are more than they are worth.
1 Answer from Attorneys
Re: Can creditors come in home and take belongings when you file for chapter 13
A Chapter 13 stops any action by your creditors to take your property. Only property that is secured by a loan - i.e., cars, houses, loans pledged by household goods - can be taken, and then only if the bankruptcy court gives the creditor permission to do so and if you cannot afford to keep the asset or do not want to keep it.
Additionally, state law in Ohio also provides what is known as exemptions, which permits you to keep certain property from your creditors. Most of your household goods should fall within these exemption laws.
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