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

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...

Going through a divorce will almost always be a painful experience, and adding children into the mix only compounds that pain. If you’re going through a divorce and think you may...

The advent of smartphones and social media have made it easier than ever share our lives with the rest of the world. “Here’s what I’m doing tonight.” “Look at this amazing...

Addressing Substance Abuse in Child Welfare Cases Substance abuse is an issue that affects countless families worldwide. It doesn’t just impact the individual struggling with addiction; it sends ripples through families,...

First things first: What exactly is a living trust, and why might you want to create one? How is a living trust different from other sorts of trusts? And is the...

All parents consider their children’s well­being a top priority, and it is often the foremost thought on parents’ minds as they separate. Parents who are sensitive to children’s needs and can...

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...

What’s the Difference Between a Prenup & a Postnup? The main difference between the two contacts, of course, is that while a prenup–also known as an antenuptial agreement or premarital agreement–is...

You drive this road every day. You know every turn, every stoplight, every sign. Every day, it’s pretty much the same drive. Then one day, it’s a different drive. You have...