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

Facing a divorce can be overwhelming, especially when it comes to dividing your hard-earned assets. It’s not just about splitting possessions. It’s about ensuring you get a fair share in the...

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 the music legend Aretha Franklin died this month, she left behind an amazing musical legacy and her estate. What she didn’t leave was a will, meaning her heirs are left...

The prospect of negotiating a business deal can make even the most confident among us nervous. You want to make the best deal for the company, but you don’t like confrontation,...

“I don’t need a Will right now. I’ll get to it when I’m older.” Is this something that has gone through your mind? If so you are not alone. The majority...

It’s hard for some people to stay organized, even in the best circumstances. And most of us would agree that getting divorced rarely qualifies as “the best circumstances.” It’s a traumatic,...

Many people injured in an accident try to negotiate with the insurance company on their own. They try to save some money by not hiring an attorney. But doing so could...

If a person pleads guilty or is found to be guilty following a trial they may be placed on probation as a form of punishment. Quite simply, probation means that the...

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...

Unfortunately, in many cases, the person or persons responsible for the inci­dent may not tell the complete truth about the incident. It is human nature for many people to deny liability,...