QUESTION

Filing a joint bankruptcy in Tennessee with three dependents, 28,000 equity in home, will we be able to keep our home?

Asked on Jul 09th, 2012 on Bankruptcy - Tennessee
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2 ANSWERS

There are too many different variables to answer that question as it currently is asked.  It depends on numerous factual issues.  Issues such as: the amount currently owed on the mortgage, what other assets you own, and the market value of your home.   You should consult a local bankruptcy attorney.  Most bankruptcy attorneys offer a free initial consultations to determine if bankruptcy is appropriate for each client. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.
Answered on Oct 22nd, 2012 at 2:07 PM

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Bankruptcy Attorney serving Burbank, CA
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Whether or not you can keep your home depends on which bankruptcy chapter you are filing, and what exemptions you have under applicable law. Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections.  Every state has different exemptions amounts available. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period. Assuming Tennessee exemption law applies in your case, it looks like if you have children living with you, you get a $50,000 homestead exemption if filing jointly, so that should be enough to cover $28,000 in equity, but you need to consult with a bankruptcy attorney in your area for more details about your specific situation. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr  
Answered on Jul 10th, 2012 at 12:10 AM

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