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 wave of people are running for bankruptcy protection. When the U. S. Supreme Court struck down the nationwide moratorium on evictions millions of people who had been living in homes...

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...

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...

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...

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...

In Pennsylvania, individuals who either plead guilty to a crime or are found guilty of a crime following a trial are often sentenced to a period of incarceration in a jail...

Securing a probationary sentence rather than serving time behind bars is often a massive relief for anyone navigating the criminal justice system. It allows you to maintain your career, stay with...

A single DUI arrest can follow you for years. It surfaces on background checks when you apply for a job, an apartment, or a professional license, long after you have paid...

In addiction-related cases, social media evidence is increasingly used to build narratives about a person’s behavior, intent, or lifestyle. Posts, photos, messages, and even comments can serve as key pieces of...

“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...

Penglase & Benson, Inc. Attorneys at Law logo