Can You Keep Your Home In Bankruptcy
The main determining factor in whether you will be able to keep your property is the amount of equity in the home. Combined with your ability to remain current in your mortgage payments, you will likely be able to keep your home in bankruptcy. Ohio law provides a significant exemption enabling most to proceed with Chapter 7 even if there is equity in a residence. There are subtle differences between the filing of a Chapter 7 bankruptcy and a Chapter 13 bankruptcy.
Need To Stop Foreclosure Call Us Immediately
To learn more about how you can avoid foreclosure, speak with the professionals at Resnik Hayes Moradi LLP . We welcome the opportunity to meet with you during a free initial consultation and discuss your unique situation. Not only do our attorneys know the bankruptcy laws from the inside out, but they also understand how important your home is to you.
How Could I Keep My House If I File For Bankruptcy
If you have a relatively small amount of equity in your home, and your outstanding debts are significantly more than you would pay off with your home equity, you might be able to keep your house, if you can continue to make payments to your mortgage lender. To keep your home in a bankruptcy, you must pay an LIT the amount of equity you have in your house, minus any provincial exemptions. There are exemptions that allow you to keep some of the equity in your home when you file for bankruptcy. Since each province has its own list of what assets are exempt or protected during bankruptcy, its best to speak to an LIT about your situation.
Recommended Reading: Will Bankruptcy Affect Me Renting An Apartment
How Long Do I Have To Wait After Chapter 13 To Get A New Mortgage
Rocket Mortgage and other lenders may give you the option of getting an FHA or VA loan as long as the Chapter 13 bankruptcy is discharged or dismissed before you apply.
If youre looking to apply for a conventional loan, it matters whether your bankruptcy was discharged or dismissed. In the event of a Chapter 13 discharge, the discharge date must be at least 2 years prior to the date credit is pulled and a minimum of 4 years since the filing.
If the bankruptcy was dismissed, theres a 4-year waiting period until you can have your credit pulled for a new conventional mortgage.
Finally, jumbo loans still have a 7-year waiting period before you can apply.
Can You Continue Making House Payments After Chapter 7 Bankruptcy
It’s also essential to be sure you can afford to continue paying the mortgage after a Chapter 7, because losing the house after your case might put you in a worse financial position. Why? If the lender couldn’t sell the home for the amount you owe, you’d be stuck with a deficiency balance depending on the laws of your state.
Worse yet? You’d have to wait eight years to file a second Chapter 7 bankruptcy, leaving the lender plenty of time to collect a deficiency balance using collection methods such as garnishing your wages or levying on a bank account.
Read Also: What Does A Bankruptcy Discharge Look Like
How Does The Type Of Bankruptcy Matter
If you qualify and file for a Chapter 13 bankruptcy, you will be able to keep your home. In fact, one of the biggest advantages to a Chapter 13 bankruptcy is that you will not lose any assets during the process.
If you file a Chapter 7 bankruptcy, there is a chance that you will lose your home. However, this depends on other financial factors.
Will I Lose My House If I File Chapter 13
If the net equity in your home exceeds the maximum bankruptcy exemption or you are behind on mortgage payments, filing Chapter 13 could save your home from foreclosure.
A Chapter 13 bankruptcy is a reorganization. You repay some of your debts through a Chapter 13 bankruptcy plan. In your bankruptcy plan, you can catch up on past-due mortgage payments over time, allowing you to keep your home in bankruptcy. Also, Chapter 13 allows you to pay an additional amount to your unsecured creditors if your homestead exemption exceeds the maximum bankruptcy exemption. By paying a little extra each month through your bankruptcy plan, you keep your home. You may want to continue to make your payments throughout the plan. For example, if you stop making mortgage payments, the stay may be lifted and your creditors may try to collect on that debt.
Don’t Miss: Bankruptcy Attorney Twin Falls Idaho
Talk To An Experienced Bankruptcy Lawyer At The Shulman Law Office
It is not an easy decision to file for bankruptcy. However, many people face unexpected circumstances and are unable to pay their debts. Bankruptcy can help you to get out from underneath the weight of overwhelming debt so that you can enjoy a fresh start. To learn more about bankruptcy and whether it is the right option for you, contact the Shulman Law Office in San Jose at 408-297-3333. We offer free, confidential consultations and can assist you with making the right decision for your situation.
Hire Farmer & Morris Law Pllc To Work On Your Bankruptcy Case
Still have more questions about Chapter 7 bankruptcy? Call Farmer & Morris Law, PLLC, at to speak with one of our law firm representatives and learn more about what the filing process for bankruptcy might entail. A representative can explain in more detail what happens to your property after filing Chapter 7 bankruptcy.
Recommended Reading: What Is The Nation Debt
Your Home And Chapter 7 Bankruptcies In Pennsylvania
Chapter 7 is designed for people with limited financial resources and assets. A persons home is usually their most valuable asset, though a mortgage generally encumbers it. How the house will be treated in a Chapter 7 bankruptcy depends on the value of the property and the remaining mortgage balance, if any.
Find Out What Will Happen To Your Home If You File For Bankruptcy
In difficult times when few people have home equity, it’s rare to lose a house after filing for bankruptcy. But as the market heats up, and home values rise, the risk that your home will get sold for the benefit of creditors, or that you won’t be able to afford to keep it, increases. Two important factors to consider, that could determine the likelihood of you keeping your home, are if you can make your mortgage payments and if you can protect your home equity in bankruptcy. In this article, you’ll learn how a bankruptcy filingand timingcan affect what is probably your most valuable asset.
Keeping Your House In Bankruptcy: 5 Things You Need To Know
- Keeping Your House in Bankruptcy: 5 Things You Need to Know
Filing bankruptcy and keeping a house is a common concern for many individuals. For example, many people ask, Can a bankruptcy trustee sell your home? We will cover that and more in this comprehensive article.
They assume they must give up most of their property to receive bankruptcy relief. However, that is not the case in most Chapter 7 and Chapter 13 bankruptcy cases. You often have options for your home in bankruptcy and also keep your vehicle in bankruptcy. Once they receive trusted bankruptcy advice, most people discover filing bankruptcy and keeping a house is possible.
Many people can keep their houses and also file for bankruptcy using exemptions. We will explain how exemptions work in this blog, but feel free to take the calculator below to compare your equity vs your states allowable exemptions.
If you are interested in reading the information, keep reading to learn more about the following.
Consider The Type Of Bankruptcy You File
There are two types of bankruptcies to choose from: Chapter 7 and Chapter 13. There are many differences between the two, but the major difference has to do with the exemptions to which you are entitled.
The federal government assumes:
- Everyone must try to pay off their debt
- If someone has âexcessiveâ property they should sell it to pay off their debt
However, bankruptcy is designed to give you a fresh start, not to leave you impoverished. The federal and state governments often have exemptions. This means that if your property is worth less than a particular dollar amount, you can keep it.
In general, Chapter 7 exemptions are much lower, stricter, and offer less flexibility than Chapter 13 exemptions. So if you file a Chapter 13 bankruptcy, you are much more likely to keep your house than if you file a Chapter 7.
Read Also: When To File Bankruptcy On Credit Cards
If You’re Overwhelmed By Your Debts Bankruptcy Is Just One Option
If you have large debts that you cant repay, are behind in your mortgage payments and in danger of foreclosure, are being harassed by bill collectorsor all of the abovedeclaring bankruptcy might be your answer. Or it might not be.
Bankruptcy can, in some cases, reduce or eliminate your debts, save your home and keep those bill collectors at bay, but it also has serious consequences, including long-term damage to your . That, in turn, can hamper your ability to borrow in the future, raise the rates you pay for insurance, and even make it difficult to get a job.
Q2 Will The Trustee Immediately Sell My House
If you have significant nonexempt home equity you cant protect, the trustee will sell your property, following the usual real estate selling process. The trustee doesnt need to rush the sale because a quick sale would usually result in lesser value for your home, which is not going to benefit you.
Dont Miss: How To Be A Bankruptcy Lawyer
You May Like: Filing Bankruptcy For Medical Bills
Will I Lose My House In A Bankruptcy
Whether or not you lose your house in a bankruptcy can depend on whether you’re behind on your mortgage and what chapter you file. If you’re up to date with your mortgage payments, you can continue to pay your mortgage and keep your home regardless of the chapter you file. In a chapter seven, if you’re up to date with your mortgage, you’ll be fine. You can keep your house. If you’re not up to date with your mortgage, a chapter seven won’t do anything to help protect your home. A Chapter 13 does give you more options if you’re behind on your mortgage and it facilitates options such as loan modification or catching up missed mortgage payments. So if you’re behind on your mortgage payments, a Chapter 13 is probably best for you.
Your home might be the largest single investment you will ever make. The thought of losing your home can be scary and is often the reason people look into bankruptcy. Understanding how bankruptcy will affect your home depends on many factors, and each case is unique. Here are three major questions to begin the analysis of what is best for you:
Are you behind in your mortgage?
The simple fact about homes and bankruptcy is that the bank is just another creditor. If you are not behind in your mortgage payments and you intend to continue making those payments to keep your home, that is your right. Florida homestead laws and the bankruptcy code support this.
Do you need a Chapter 7 or Chapter 13?
What is my tax lien situation?
Farming Fishing And Aquaculture Exemptions
- If your primary occupation is farming, personal property used by you to earn income are exempt up to $10,000
- If your primary occupation is fishing, personal property used by you to earn income are exempt up to $10,000
- If your primary occupation is aquaculture, personal property used by you to earn income are exempt up to $10,000
Don’t Miss: How To Look Up Old Bankruptcies
What Happens If You Own A House And File For Chapter 7 Bankruptcy
Updated by Cara ONeill, Attorney
Whether Chapter 7 bankruptcy makes sense when you own a home depends on your goalsdo you want to save your house, delay foreclosure, or just walk away with less debt?
Most Chapter 7 bankruptcy filers can keep a home if theyre current on their mortgage payments and they dont have much equity. However, its likely that a debtor will lose the home in a Chapter 7 bankruptcy if theres significant equity that the trustee can use to pay creditors. For those planning to walk away, filing can delay foreclosure for a short period.
Youll find a complete overview of the bankruptcy process in What You Need to Know to File for Bankruptcy in 2021.
What Does That Mean For You
If youâre current with your mortgage payments â¡ï¸ everything will stay basically the same.
Youâll continue to make your mortgage payments until the house is paid off. Of course, there are some legal nuances, like the discharge of your personal liability on the home loan, and how it protects you in the event you lose your home down the road, but the important takeaway here is this:
If you have enough income to pay your mortgage lender, you can keep your home even after filing Chapter 7 bankruptcy.
Itâs a little more complicated if your home is worth more than what you owe on your mortgage. In that case, you may have to deal with the bankruptcy trustee. More on that below.
You May Like: What Types Of Bankruptcies Are There
When To File For Bankruptcy
Bankruptcy law exists to help people who have taken on an unmanageable amount of debtoften as a result of large medical bills or other unexpected expenses that are no fault of their ownto make a fresh start. But it isnt a simple process and doesnt always lead to a happy ending.
So before filing for bankruptcy, be sure to explore all your alternatives and be prepared for some of the negative consequences described above. If you decide that bankruptcy is your only viable optionas hundreds of thousands of Americans do every yearremember that the blot on your record will not be permanent. By using credit carefully in the future and paying your bills on time, you can begin to rebuild your credit and gradually put bankruptcy behind you.
Put Years Of Experience In Your Corner
If you are a homeowner that is considering filing forbankruptcy, you may be concerned about the possibility of losing your home. For most people keeping your home in bankruptcy is simple. Make your mortgage payments and keep your home. This is just the way it was before you filed. The exception, if you own a home with more than $500,000 in equity. This means if you have a home with no mortgage and it is worth $500,000 or less, the bankruptcy laws fully protect your home. Elderly and disabled Massachusetts Debtors may even be able to keep a $1,000,000 dollar home with no mortgage and still be fully protected.
If your home has no equity, you will be allowed to keep your house as long as you continue making your monthly mortgage payments. In situations where there is equity in the house, the homeowner may still find that their property is exempt from liquidation. A lawyer should be contacted and asked to review your finances to determine your qualifications for Chapter 7. Once it has been established that you can file for Chapter 7 bankruptcy, you can find out if your home and other assets will be exempt from liquidation.
Don’t Miss: Conventional Loan Debt To Income Ratio
How To Know If Your Home Is Exempt
Figuring out whether your home is exempt is a simple math problem if you owe more than the market value, its exempt. Be sure to check what the exemption rules in your state are, because thats part of the math. Less simply, the paperwork you fill out requires you to list what you owe, the exemption and your equity. You file the items you believe are exempt in Schedule C. This not only includes your house, but you also get an allowance for your car, and items like furnishings, things necessary to do your job, and more. Its always a good idea to get help from an expert in bankruptcy wholl guide you through this complicated procedure.
Talk To A Knowledgeable Southern California Bankruptcy Attorney
If youre struggling with debt and considering bankruptcy, please contact Rounds & Sutter for a free, confidential consultation. With offices in Ventura, Santa Barbara and Westlake Village, we represent clients throughout Southern California, offering smart, compassionate legal counsel in the face of lifes challenges.
Don’t Miss: How Will Bankruptcy Affect Me In The Future
What Does It Cost To File For Bankruptcy
The Bankruptcy Court collects a fee to file a bankruptcy petition. It now costs $299 to file for bankruptcy under chapter 7 and $274 to file for bankruptcy under chapter 13, whether for one person or a married couple. The court may allow you to pay this filing fee in installments if you cannot pay all at once. If you hire an attorney to represent you in your bankruptcy case you will also have to pay the attorneys fees you agree to.
Consider If You Can Afford Your Mortgage Every Month
If you kept your house throughout the bankruptcy process, you are free to keep your home after the bankruptcy â as long as you continue to pay the mortgage.
It may be that after you are free of all the rest of your debt you will be able to afford the mortgage payments easily. If so, you’ll be able to keep your house.However, if your income will not allow you to make your mortgage payments, the bank may eventually foreclose on your home.
Bankruptcy filers in this situation must carefully consider whether they want to keep their home, since bankruptcy gives them a unique opportunity to just walk away from the house and mortgage with no additional consequences, in most cases. It may also be easier to get your financial life under control if you are not burdened by large monthly mortgage payments.
Read Also: Two Most Common Types Of Bankruptcies