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

A household dispute escalating into legal action can turn your world upside down in a matter of hours. When law enforcement officers arrive at a residence following a disturbance call, they...

You have a Will! Congratulations. You are in the minority in the United States. Some surveys show that only 39% of people in the United States have a Will. When we...

It had been two years since we had a family vacation. Everyone needed a break and a change of scenery. Our family had vaccinated months prior and we had weathered the...

It’s rare that we hear divorce described in a positive light. We use terms like “messy divorce,” “ugly divorce,” “painful divorce.” Then again, why shouldn’t we? The collapse of a marriage...

If you have been in a car accident, you have a lot on your mind. You are probably wondering if you will have to pay for repairs, and whether your insurer...

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...

Does it seem like the insurance adjuster is dragging his feet on your personal injury claim? It may be that the adjuster is stonewalling you – that is, deliberately delaying the...

Divorce is an arduous process, made even more difficult when children are involved. One of the key questions concerning children and divorce is “Who will get custody?” It’s likely to be...

If you reach the point where you are unable to make decisions regarding your medical care due to advanced age, an accident or an illness, a living will, trust and durable...

If you are trying to negotiate your claim with the insurance company, then you may be wondering: Why does the settlement process have to be so difficult? Why is the insurance...