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Will I lose my home if I file for bankruptcy?
Answered By Editor
Filing for bankruptcy does not neccesarily
mean you will lose your home. In fact, some
people file for bankruptcy in order to not
lose their home. However, if you are not
careful and do not do your homework for the
state in which you reside, you could end up
losing your home. Some states prohibit
certain amounts being put into their home
equity and have it still be shielded. Other
states, like Texas, have strong homestead
laws that protect people's homes. This can
be a complicated issue.
Assuming you are filing Chapter 7 bankruptcy
and this is your only primary residence, you
can generally keep your home if you continue
to make your mortgage payments. If the home
has no equity, which is calculated by taking
today's value of the home and subtracting the
costs of the sale, payoff balances and any
liens, the trustee in a Chapter 7 bankruptcy
will "abandon" the house to you. Abandoning
the house to you means that you will be able
to remain in your home and keep your house on
the condition that you can maintain payments
on your mortgage.
In most cases, you must consult a bankruptcy
lawyer or a debt consultant before you can
file for bankruptcy, so this would be a good
question for you to ask.
keywords: Bankruptcy | Bankrupt | Creditors | Debt
| Debt Relief | Chapter 7 | Home Equity | Mortgage
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