QUESTION
Can you file chapter 7, if you own a house ?
Asked on Sep 04th, 2019 on Bankruptcy - California
More details to this question:
I recently had a chapter 13 case dismissed because the payments went up and I could no longer make the payments. I was told by the attorney who filed my case that I didn't qualify for chapter 7 because I own a house. Since, the case has been dismissed. The creditors are coming after me directly. What are my options, if any ?
1 ANSWER
Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
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I suggest having a consultation with another bankruptcy attorney, preferably one who is a certified specialist in bankruptcy law. There is no disqualification for filing Chapter 7 just because you own a house. But of course, if your house has non-exempt equity, then it can be sold in a Chapter 7 case. It's all very fact specific, so you need an attorney that will go through your situation and advise on your options. You can also likely file a new Chapter 13 case if need be.
I offer free initial telephone consultations. To schedule an appointment, simply visit https://www.bklaw.com/consultmain/
Answered on Sep 04th, 2019 at 5:19 PM