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

As you exit the courthouse, you feel drained but relieved. The judge ordered your child’s other parent to pay you a weekly child support amount calculated according to your state guidelines....

Did a doctor ever give you a diagnosis and you had no idea what it meant? Its frustrating communicating with someone and not knowing what the other is saying. Clients meeting...

Every year, thousands of Pennsylvania residents either file a complaint or defend themselves in Small Claims Court. Often called a Justice of the Peace, Small Claims Courts in Pennsylvania are disigned...

The concept of alimony has been with us for centuries. It’s older than the Roman Empire, predates the birth of Socrates and Aristotle and had been around for 1,000 years at...

Relocating for work presents unique challenges, especially involving child support obligations. In today’s dynamic professional landscape, more individuals find themselves in situations where a move is necessary for career advancement. However,...

In the United States, credit card use is a common occurrence. The problem? When you find yourself looking at a balance due that is far larger than you can pay off...

WHY BUDGET? You may have yawned (or cringed) when you read the title of this article, but please keep reading. This information is important for anyone who has ever worried about...

The weather is finally warmer, so people will finally be getting out on their motorcycles for the season. Every year, we get a lot of calls from motorcyclists who have been...

Managing family dynamics is difficult enough without having to deal with the extra complexities of addiction and rehabilitation. The stakes in family court cases can rise dramatically when substance misuse is...

Losing a loved one is a tragedy that requires space to grieve, and the last thing a family needs at that time is to deal with unexpected costs. However, there are...