First things first: retain an experienced bankruptcy lawyer in your locality. It's almost always worth the investment. Second, what are the exemptions available to you? (Some states have their own exemptions, which apply in and out of bankruptcy; others use the federal list in 11 USC sec. 522). In general, you are entitled to one-half the homestead exemption, but the situation can get complicated, e.g. if you live in a community- or marital- property state. It's unlikely that anyone who is not It's unlikely that anyone who is not your creditor can place a lien on your presumable one-half interest in the real estate. It's not unusual for one spouse to file, and the other, usually with a better credit score, does not. But it's important to do as you are now doing, and explore the consequences. Again, a good local BR lawyer is your best bet.
Answered on Jun 05th, 2017 at 8:43 AM