It is not impossible, but it seems unlikely. The answer depends on several facts: will he be filing his bankruptcy petition before or after he moves on to the property? (If he lives on the property, it is his homestead, and depending on the state it's in, he may be able to exempt his equity in the real estate. If he owns a half-interest in the property, and it is not his homestead, then he might not be able to exempt all his equity, or perhaps any of it.) A bankruptcy trustee is permitted after notice and hearing to sell a property clear of the interest of co-owners, and pay them the value of their interest out of the proceeds. This would happen only if the trustee expected substantial funds for the bankruptcy estate. MOST IMPORTANT POINT: Your step-brother needs to retain an experienced bankruptcy lawyer before filing, and should invite you into the conversation.
Answered on Jun 24th, 2015 at 10:01 AM