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

Most people only associate the word “investment” when they hear about financial planning. Financial planning is a whole lot more. Because people only associate the word “investment” with planning, they fail...

You’ve been injured: What do you do now? One of the first and most important things you can do is to find the “right” personal injury attorney PA. But how do...

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...

Falls are the leading cause of injury for older Americans. It’s something easy to be aware of as an injury lawyer in Bucks County. And unfortunately, those injuries can often be...

We’re all competitive to some degree. We all have standards of where we are in life, how we think our bodies should look, how we should feel. We’re also getting older...

Your personal injury case has come to an end. The papers have been signed. Your attorney’s fees and medical liens have been paid. The settlement check is finally in your hand....

To file for divorce in Pennsylvania, at least one of the spouses must have lived in the Commonwealth for at least the past six months. How long does it take to...

There’s a lot you can do with $10,000. You could travel, invest in property, remodel part of your home or buy a decent used car. It’s not change-your-life money, but for...

“A man who is his own lawyer has a fool for a client.” It’s an old adage, a clever way of saying “It’s usually a bad idea to represent yourself in...

If you’re a parent who has recently experienced a divorce, it’s certainly understandable that you may feel the need to move: To a new home in your current town, say, or...