Will I Be Able to Keep My Home in Chapter 7?
Whether or not you can keep your home and car will depend on several factors.
Can you keep up with payments?
You may be able to keep your home during a Chapter 7 plan if you are able to exempt the equity you have and if you can continue to pay the mortgage after bankruptcy. An exemption effectively means your equity is protected from being sold by the bankruptcy trustee to pay your creditors.
Are you covered by exemptions?
The bankruptcy code allows for debtors to utilize bankruptcy exemptions to the fullest extent. The federal bankruptcy rules allow for a home equity exemption of $25,150; which is double for married couples filing jointly. If these amounts are equal to or greater than the amount of equity you have in your home, then the trustee will not be able to sell your home.
Even if your mortgage exceeds the full value of your home and you have no equity, Chapter 7 can still be very beneficial. Without filing for bankruptcy, the lender would be able to foreclose on the home, and then sue you personally for the remainder of the debt. However, if you cannot afford to keep your home, you can surrender the property and the remaining amount owed will be completely wiped out in Chapter 7.
Can I Keep My Vehicle in Chapter 7?
If you own your car when you file Chapter 7 bankruptcy, it will be protected from being sold if its value is less than or equal to the allowed exempt amount. Similar to a home, you can use the exemptions to maximize the property you can keep.
If you are being threatened with repossession of your vehicle, a Chapter 7 bankruptcy will stop repossession attempts immediately. If your car was recently repossessed, you may even be able to get it back if you act at once. Contact our Hawaii bankruptcy attorney immediately for more information if your car was repossessed.
There are several options available to help you keep your vehicle if you can afford it. Some lenders will allow you to keep your car and will release you from the loan in exchange for purchasing the car at its current value (called a redemption). Others will let you sign a new contract (called a reaffirmation) which may let you keep making the same payments you had before filing bankruptcy. These options have important consequences, so it is best that you first consult with a qualified bankruptcy attorney before entering into a redemption or reaffirmation agreement with a lender.
Complete Financial Rehabilitation for Clients in Hawaii
At Blake Goodman, PC, Attorney, we know that debt can be frightening. We also know that it can be difficult to know what effect your debt will have on your family’s future. However, there’s no need to suffer the unknown. Having an experienced Hawaii bankruptcy lawyer can end the collection calls and put you on the path towards a new financial life.