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

Are you considering filing for Chapter 7 bankruptcy? Understanding this process is key to a fresh financial start. Chapter 7 offers a chance to clear overwhelming debts through a liquidation process....

An Amicable Divorce with a Happy Ending Is a Real Possibility As it happens, it’s possible to have a relatively happy ending where divorces are concerned. This is what’s known as...

Roughly 1/3 of all people arrested for driving while under the influence will go on to re-offend, according to the U.S. Department of Transportation. To combat this problem, lawmakers around the...

Summer is here and with it comes vacation plans. Whether you are going to the New Jersey shore or Costa Rica, you should take a few minutes before you go to...

Nothing can be more stressful than finding out that the IRS wants to audit your taxes. In recent years the number of IRS audits have been declining. In 2019 only .45%...

Attorney Craig Penglase has been named as the Solicitor for the Bucks County Sheriff’s Office. He will serve in that role though January 2022. As Solicitor Mr. Penglase will act as...

It’s a natural question to ask a Bucks County family law attorney: Will the amount of child support I need to pay ever change? And while the short answer is “Yes,”...

People charged with a crime will have one of two experiences. They are either placed in handcuffs and taken before a Judge within a few hours of the event and told...

In many cases, a divorce can be a cantankerous and highly contested proceeding. Combine personal egos with concerns about the two parties’ assets and the questions about custody of the children...