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

Many people injured in an accident try to negotiate with the insurance company on their own. They try to save some money by not hiring an attorney. But doing so could...

The reason child support laws exist in Pennsylvania is to ensure that all of a child’s basic needs are taken care of. The court system, perhaps quite wisely, does not believe...

Typically most people think of alcohol when they hear of the charge DUI. What they don’t realize is that controlled substances and over the counter medication can both lead to a...

There is no doubt that an injury hurts. The questions become: How much does it hurt? What did it keep you from doing? And perhaps most importantly, How do I prove...

Driving under the influence of alcohol or drugs: it’s one of the most irresponsible actions you can take as a motorist. Not only can it lead to losing your driver’s license,...

We all think about our futures, but how much thought do we put into what happens to our assets when we’re gone. Dying – or becoming permanently incapacitated — without having...

Depending on your type of business, you have three options for incorporating: C corporation, S corporation, or LLC. Each option requires formal documentation and must be filed with the appropriate state...

Unlike some states you can and usually will be prosecuted for DUI even if you refuse a blood or breath test. After you have been pulled over and an officer suspects...

It’s rare that we hear divorce described in a positive light. We use terms like “messy divorce,” “ugly divorce,” “painful divorce.” Then again, why shouldn’t we? The collapse of a marriage...

People incorporate their business for two reasons: taxes and personal liability protection. When you incorporate your business you have one of two options, to become a Limited Liability Corporation (LLC) or...