This is most often not the case. Here are some of the standards for Chapter 7 and Chapter 13:
It is possible to keep your home while filing for Chapter 7 bankruptcy depending on how much equity you have in the home and assuming you are current on the payments. In general, most standard household possessions are protected in a Chapter 7 with the allowed bankruptcy exemptions. “Exemptions” are laws which protect specific types of property during the bankruptcy process.
The same is true for a vehicle, you will not lose your car in a Chapter 7 bankruptcy unless you are:
- behind on payments;
- have excessive equity in the vehicle or;
- you wish to surrender the car because it is no longer affordable for you to keep it.
Chapter 13 is reorganization plan designed to set up repayment terms with your creditors and help you to protect your home and property and prevent foreclosure. Unless you cannot afford your mortgage, property taxes or don’t wish to keep your home, it’s protected and you can set up repayment terms if you are behind on payments. The same is true of other property such as vehicles, furniture, etc.
When you meet with the attorney for the initial free consultation, we will review your debts obligations, assets, income and overall circumstances. We provide a comprehensive and complimentary financial evaluation. We will advise you on how to best resolve your debt obligations while protecting your property.