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

It often starts with small things. A child who used to run to the door when you arrived suddenly hangs back. Phone calls are cut short or ignored entirely. Soon, your...

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...

As many of you know, my mother passed away recently. A long time ago I did her estate plan. I had her execute a Will, Living Will and a Power of...

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...

If you are ever driving a vehicle in the state of Pennsylvania and find yourself being pulled over by a police officer, you must know your rights. You must also be...

It’s hard for some people to stay organized, even in the best circumstances. And most of us would agree that getting divorced rarely qualifies as “the best circumstances.” It’s a traumatic,...

There are many myths and misconceptions about the criminal justice system. The more a defendant knows about how the system actually works, the better he will be able to assert his...

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...

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...

In some cases where there is no immediate method to pay medical bills as they are incurred, some doctors, hospitals, and other medical facilities will wait to be paid for their...