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

Your lawyer will discuss the payment of your medical bills in detail with you. In summary, your medical bills may be paid by one or more of the following methods: a....

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...

“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...

Divorce can be a frightening experience, partly because there is so much uncertainty involved. You look to the future and see only questions that you can’t answer “Where do I go...

Personal injury lawsuits can be complicated and time-consuming for all parties involved, regardless of which side of the “v” they’re on. Claimants should be sure to avoid these common pitfalls. 1)...

Writing a will is one of the basics of estate planning. It’s also something 40 percent of us avoid doing. And on some level, we can understand that. Writing a will...

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...

We all think about our futures, but how much thought do we put into what happens to our assets when we’re gone. Dying – or becoming permanently incapacitated — without having...

The Hidden Dangers of Misusing Prescribed Medications Prescription drug abuse, though often overshadowed by illegal drug cases, carries significant legal consequences that can affect every aspect of a person’s life. From...

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...