08 Jun “What Do You Mean You Included My Home/Car In the Bankruptcy?!”
Good bankruptcy attorneys spend a lot of time talking with their clients. They give them an awful lot of information. Sometimes clients forget.
One of the things clients sometimes forget is the requirement in the Bankruptcy Code thatallof their assets andallof their debtmustbe included in the bankruptcy filing. This includes things that they may want to keep, such as their home or their car. It includes debts that are current and will stay current, such as a mortgage or car loan. It means that if the client says, “I don’t want to include my home/car in the bankruptcy” we will always say, “You need to. But it doesn’t mean that you’ll lose it.”
Including your home and your mortgage or your car and your car loan in your bankruptcy does not mean that you’ll always lose it. The vast majority of my clients keep everything they own in a bankruptcy. In a Chapter 7, so long as your home has no (or minimal) equity or you can exempt any equity, and your payments are kept current on your mortgage, you keep your home. Your car is a bit more complex, due to “reaffirmation agreements” and “retain and pay.” There is a good discussion of this issue here.
In a Chapter 13 case, so long as your post-petition payments are kept current, you keep your home and car.
So including your home and your car isn’t a horrible thing. It’s a necessary thing.
Latest posts by Brett Weiss, Esq. (see all)
- Filing for Bankruptcy Without a Lawyer - January 3, 2017
- Monthly Statements in Chapter 13 Cases - December 16, 2016
- Chapter 7 Can Be a Disaster Without a Good Bankruptcy Attorney - July 16, 2016
- “How Is My Chapter 13 Plan Payment Determined?” - June 16, 2016
- Justice Scalia and Consumer Bankruptcy - February 18, 2016