QUESTION

What will happen if I file chapter 7 and will I be allowed to keep my RV no equity in it?

Asked on May 18th, 2017 on Bankruptcy - California
More details to this question:
My 2 rental houses are free and clear.
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5 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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In a Chapter 7, you're allowed to keep any assets with no equity - as long as you make the payments. Since you have two rental houses owned free and clear, you would lose those. It sounds like a Chapter 13, where you'd be allowed to keep all your property would be a better choice.
Answered on Aug 07th, 2017 at 8:43 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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Whether you would be able to keep your RVs with no equity would be a decision for your bankruptcy trustee to make is you decide to file Chapter 7 bankruptcy. For sure, you will not be able to retain 2 rental properties if you file Chapter 7. You may want to look for a different solution to your financial problems other than through bankruptcy because you stand to lose a lot.
Answered on Aug 07th, 2017 at 8:43 PM

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You have a lot to lose. Pay an experienced BK attorney for one hour of their time. Now is not the time to skimp!!
Answered on Aug 07th, 2017 at 8:43 PM

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If you are eligible to file chapter 7 you might be able to keep your RV if you can prove there is no value or at least very little. As for you rental properties: depending upon how much debt you need to discharge those properties could be at risk. The trustee (person assigned to handle your estate while in bankruptcy) can order the sale of the properties to satisfy your creditors. There are exemptions allowed and a certain amount of money you are permitted to keep under the law. It's important you talk to a bankruptcy lawyer before proceeding in bankruptcy.
Answered on Aug 07th, 2017 at 10:50 AM

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You will be able to exempt a vehicle with no equity. Two houses may make filing a poor option however.
Answered on Aug 07th, 2017 at 10:50 AM

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