i believe i will have to file bankruptcy on the forclosure. Since the fixer upper is owned jointly and we are not married will this property be in jeapordy?
Whether you can keep your home depends on a number of factors, including which bankruptcy chapter you file, the value of the home, amount owed against it, whether you are current with the payments on it, as well as the value of all your other assets and what exemptions you have available 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.
You need to consult with a bankruptcy attorney in your area and provide them with the necessary information to properly answer your questions.
Mark J. Markus, Attorney at Law
Handling exclusively bankruptcy law cases in California since 1991.
http://www.bklaw.com/
bankruptcy blog: http://bklaw.com/bankruptcy-blog/
Follow Me on Twitter: @bklawr
Answered on Feb 09, 2012 at 2:08 PM
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