Join our newsletter.

What happens to my property in bankruptcy?

One of the most often asked questions in a Chapter 7 bankruptcy is “what will happen to my property?” The answer depends on whether the property is “secured” or “unsecured.”

Unsecured property is property that is not attached as collateral for a loan. For example, if you use your credit card to purchase a TV there is not a document that states that you pledge the TV as collateral to payoff the credit card at a later date. For this property you will have to see if an exemption applies. Each state has a list of exempted property which cannot be seized and sold. The list is rather long and often most of your property can be protected with an exemption. It is important that you seek an expereinced bankruptcy attorney who will be familiar with the exemptions and maximize them to protect as much of your property as possible.

Secured property is property that is attached as collateral for a loan. For most families this is a car or home. If you are behind on your payments the creditor may ask the Bankruptcy Court to lift the automatic stay and seize the property for sale to pay off the debt. If you are current on your payments then you can hold onto the property and continue making your payments as before. If however you have built up considerable equity in the property, the trustee may try to seize the item for sale to pay your creditors.

Call us to discuss how to protect as much of your property as possible. We can be reached at (215) 348-4416.

Related News & Articles

Divorce can be a frightening experience, partly because there is so much uncertainty involved. You look to the future and see only questions that you can’t answer “Where do I go...

There’s no “right” way for a divorce to proceed. Some couples handle things amicably. They have no trouble agreeing on how to divide their property and deciding on child custody. The...

When a marriage ends, financial complications can ensue. In addition to dividing property acquired during the marriage, the courts must make sure provisions are made for any children the couple has,...

Earlier this year, Pennsylvania passed Act 39, the state’s new wine sale law, which allows alcohol to be sold in more places than in the past. Governor Tom Wolf called it...

School is fully back in session now. Sadly, drivers are not paying attention. In Pennsylvania, two school zone traffic laws have been cited more than 26,671 times over the past five...

The end of a marriage is never easy, especially when children are part of the equation. The best you can do is to make sure things as painless as possible for...

The weather is finally warmer, so people will finally be getting out on their motorcycles for the season. Every year, we get a lot of calls from motorcyclists who have been...

Your lawyer will discuss the payment of your medical bills in detail with you. In summary, your medical bills may be paid by one or more of the following methods: a....

If your EIDL loan has been referred to the Treasury, you are no longer in the ordinary loan servicing stage. The Small Business Administration has recently shifted a massive volume of...

In today’s swiftly changing society, family dynamics are continually evolving. As the definition of family reshapes, the well-being of our children remains paramount. Irrespective of the circumstances, their guardians face, every...