QUESTION

I am in B.K.chapter 7 ,the trustee is objecting to exempt property claiming that is my wifes revocable trust and therefore not owned by the debtors.

Asked on Apr 10th, 2013 on Bankruptcy - Arizona
More details to this question:
Therefore he is objecting to the homestead exemption. Is there any case law to protect us from losing our home?
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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There is not enough information to answer your question.  You need to hire a bankruptcy attorney to protect your rights.  A living revocable trust does not in any way protect the assets of the trust from creditors; it is merely a probate device.  Whether you took the wrong homestead exemption or have too much equity in the property is something you'd need to discuss with a bankruptcy attorney in your area.   Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. 
Answered on Apr 12th, 2013 at 2:32 AM

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