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

Almost all of my personal injury clients come to me while they are still in pain. The treatment always seems the same: First, they went to the hospital where limited x-rays...

Getting arrested for DUI in Pennsylvania can come with serious consequences. Even if it’s your first offense, a conviction can land you in jail, cost you your license for at least...

One of the most important things for you to do is to keep an accurate record of your medical bills. This is how you do it: a. Ask for a medical...

For most of us, the experience of being arrested and charged with a crime would easily rank as one of the most frightening and stressful occurrences of our life. Undoubtedly, the...

Last year was a bad year for DUI crashes in Pennsylvania. According to state police, troopers responded to more than 5,100 DUI-related accidents in 2017, a 14 percent jump from 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...

I hope you have a good lawyer.” Those are usually pretty ominous words. But when you own a business, those are words to live by. It’s not that you’re automatically in...

If you’ve been involved in an auto accident, a work-related injury, a fall in a public or private place, or if you’ve been exposed to an injury or disease as a...

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,...

Getting divorced. It’s never a pleasant experience. It’s also rarely an easy experience. And why not? Well, in most instances—and certainly in Pennsylvania—it’s due to a legal process known as “equitable...