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...

Moving to a new state or country can signify an exciting new chapter in your life. However, this shift in residency also brings forth changes in laws, regulations, and even personal...

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...

Starting the process of separation brings its own challenges, especially when dividing up the life you’ve built together. Among the practical hurdles, figuring out how to split household items fairly can...

Andrea Lenk and Alicia Nicholson probably thought Feb. 6, 2016 would unfold like any other day. But driving through Cumberland County, Pennsylvania that day, they crossed paths in the most horrific...

DUI enforcement in Pennsylvania entered unchartered territory this summer with the arrival of what’s known as the “ignition interlock law.” The law, which went into effect in August, affects both license...

In many cases, a divorce can be a cantankerous and highly contested proceeding. Combine personal egos with concerns about the two parties’ assets and the questions about custody of the children...

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...

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,...

Most businesses in Pennsylvania will be closed at their physical locations until April 30, 2020. Many interpreted Governor Wolf’s Order to mean that businesses had to close and not conduct ANY...