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Can i lose my home if i owe nothing on it and i file chapter 13 bankruptcy

I need to file a chapter 13 bankruptcy but i don't want tolose my home i owe nothing on it.

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Attorney answers (2)

Reputation Level 9
The point of a chapter 13 is to protect your assets so the short answer is "No" you cannot be forced to sell your home in a chapter 13. However, the value of your home and the fact that there is no debt against it is a vital piece of information in analyzing whether a chapter 13 makes sense for you. You are allowed to exempt or shield a certain amount of equity from your creditors and from the bankruptcy trustee. If the net value of your home exceeds this exemption then you have "non-exempt equity". The dollar amount of non-exempt equity determines how much at a minimum must be paid to your unsecured creditors in a chapter 13.

For example, lets assume your home is worth $100,000 and you have no loan against it. Michigan law allows you to exempt $34,450 of equity in your home from the reach of your creditors. Thus you have $65,550 of non-exempt equity. In this example, a chapter 13 plan would have to show you could repay up to $65,550 of your unsecured creditors in order to be approved by the Court. If you lack the income producing resources to pay this much debt back over the five years of a chapter 13 plan, them the plan is not mathematically feasible and the Court will not likely approve it. You may have to draft a chapter 13 plan that requires you to pay some amount of money each month for five years plus a lump sum (perhaps from a refinance of the residence.) Of course, if your home is worth less than $34,450 then you have zero non-exempt equity and this home would not be an issue.

You should meet with a bankruptcy attorney near where you live to discuss in greater detail. Although this may not sound like a good solution to you, the alternative (chapter 7) is even worse as the bankruptcy trustee in chapter 7 would likely try to sell the home over yoru objection (depending of course on value.)

Avvo Pro

Reputation Level 15
The current exemption using the federal law is $20,200 per person, so a married couple could exempt $40,400 in their residence. This number is scheduled to be adjusted for inflation on April 1, 2010. As an alternative, Michigan law allows $30,000 for an individual, or $45,000 if the individual is over 65. The constitutionality of the Michigan law is currently under appellate review in the Western District where you live. It is considered constitutional in the Eastern District. Because of the real estate crash, you should probably talk to a professional about the current market value of your home. In addition, if you own the home as husband and wife, and only one of you has debts and files for bankruptcy, your home could be 100% exempt.

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