QUESTION

Can I file for bankruptcy and still keep my house and cars?

Asked on Jun 07th, 2017 on Bankruptcy - Wisconsin
More details to this question:
N/A
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10 ANSWERS

Bankruptcy Attorney serving Cleveland, OH at Benson Law Firm
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Most people do.
Answered on Jun 21st, 2017 at 1:12 PM

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Consumer Bankruptcy Attorney serving Los Angeles, CA at Orantes Law Firm
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Many people file for bankruptcy relief and still retain their houses and cars. There are many types of relief under the Bankruptcy Code for which you can qualify. The broad categories are divided into "chapters". If either your income level or the value of your un-exempt assets is too high to qualify for or obtain meaningful relief from a Chapter 7 filing, you may need to file for relief under Chapters 11, 12 or 13, depending on your occupation and debt level. Assuming that you qualify for Chapter 7 based on your household's income (which may be higher depending on the size of your household), the key question is whether you have un-exempt equity in your vehicles, house or other types of properties, such as businesses, which may cause a Chapter 7 trustee to sell your assets to pay a percentage of the proceeds to your creditors. If you do not, then you can file for Chapter 7 relief. If you do, you usually should NOT file under Chapter 7 and need to weigh the pros and cons of filing under one of the other chapters (such as 11, 12, or 13). The most important step you can take is to consult an expert on all the chapters (not just Chapter 7) as early as possible to determine what you should do next. Do not wait until things get out of control. There are steps you can take in anticipation of filing that will relieve the pressure right away or make your relief go more smoothly.
Answered on Jun 13th, 2017 at 5:38 AM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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Yes, you can keep your house and cars in bankruptcy as long as you keep making the payments (assuming it's not a mansion and a fleet of Bentleys).
Answered on Jun 13th, 2017 at 5:38 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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Of course you can keep your house and your car after filing bankruptcy. The better question is what will it cost you to keep your house and your car after filing bankruptcy? And the answer to that question is the same as the answer to every legal question ? IT DEPENDS! It depends on what both assets are worth, what you owe against these assets, and what exemption you are eligible to use to protect your interest in these assets.
Answered on Jun 13th, 2017 at 5:36 AM

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Bankruptcy Attorney serving Salem, OR
Partner at OlsenDaines
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Usually. There is a limit on value on the home and cars when a bankruptcy is filed. Typically a person in Oregon can keep a home with equity less than $40,000 and a car with equity less than $3,000. If you owe money on the home or car, you have to stay current on the payments in order to keep it. If you have little or no equity in the home, then you can have more equity in the car.
Answered on Jun 13th, 2017 at 5:35 AM

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Maybe. I would need to ask about 40 to 60 questions before I could properly advise you.
Answered on Jun 13th, 2017 at 5:27 AM

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Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
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Ordinarily, yes but it depends on the value of the cars.
Answered on Jun 12th, 2017 at 10:01 AM

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Bankruptcy Attorney serving Schenectady, NY
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Absolutely there's no problem doing that we do this all the time.
Answered on Jun 12th, 2017 at 8:13 AM

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It depends on how much equity you have in them. Contact a bankruptcy attorney, most will give a free consultation.
Answered on Jun 12th, 2017 at 8:13 AM

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Generally you are able to keep your house and your car in a bankruptcy. The issue depends on the relationship between the exemptions you choose and your equity in those kinds of property. For example, If you have a house worth $100,000, and a mortgage again stead of $40,000, you have $60,000 worth of equity. If you and your wife are both residents of Wisconsin, and you choose the Wisconsin exemptions, which are $75,000 per person, you should have no trouble in saving your house and car from the trustee Every situation is different, and your Best bet is to retain an experienced bankruptcy lawyer.
Answered on Jun 12th, 2017 at 8:12 AM

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