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Asked: February 28, 20232023-02-28T01:35:10+00:00 2023-02-28T01:35:10+00:00In: Bankruptcy

Can you keep your house and car if you file for bankruptcy?

Anonymous
Anonymous

many friends of mine discuss this, i need an answer from reputable lawyer.

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  1. Julie O Pundit
    2023-03-16T16:16:14+00:00Added an answer on March 16, 2023 at 4:16 pm

    Whether or not you can keep your house and car when filing for bankruptcy depends on the specific details of your case. Here are some key factors that may impact your ability to keep these assets:

    • The type of bankruptcy you file: In Chapter 7 bankruptcy, you may have to surrender non-exempt assets to pay off your debts. In Chapter 13 bankruptcy, you typically keep all your assets and repay your debts through a court-approved payment plan.
    • The value of your assets: If your home or car is worth significantly more than the exemption limits in your state, you may need to surrender the asset to repay your debts.
    • The equity you have in the assets: If you owe more on your mortgage or car loan than the asset is worth, you may be able to keep it, as long as you continue to make payments on the loan. 
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  2. Robert Cooley Pundit
    2023-03-17T19:06:58+00:00Added an answer on March 17, 2023 at 7:06 pm

    The answer to whether you can keep your house and car when filing for bankruptcy is not a simple yes or no. The answer depends on several factors, such as the type of bankruptcy you file, the value of your assets, and the exemptions available in your state.

    In Chapter 7 bankruptcy, which is also known as liquidation bankruptcy, you may have to give up your non-exempt assets to pay off your debts. However, many states offer exemptions that protect certain types of property, such as your primary residence and car, up to a certain value. If your home and car fall within the exemption limits, you can typically keep them even if you file for Chapter 7 bankruptcy.

    In Chapter 13 bankruptcy, which is also known as reorganization bankruptcy, you do not have to give up any of your assets, but you must pay off your debts through a repayment plan over three to five years. If your home and car are essential assets, they will be included in your repayment plan. You will need to continue making payments on your mortgage and car loan to keep these assets.

    It is important to note that the rules surrounding bankruptcy and asset exemptions can be complex, and the laws vary from state to state. That’s why it’s crucial to consult with a reputable bankruptcy lawyer in your area who can help you understand your options and make informed decisions about your financial future.

    In summary, the answer to whether you can keep your house and car when filing for bankruptcy depends on several factors. However, if you work with a skilled bankruptcy lawyer and take advantage of the available exemptions, you may be able to keep these essential assets and get the fresh financial start you need.

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