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I own a home in Maryland, free and clear with my brother. If I file a chapter 13 will I lose my home?

Indian Head, MD |

I own a home in Maryland, free and clear with my brother. If I file a chapter 13 will I lose my home or can I exclude it from the Chapter 13

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Attorney answers 2

Posted

You need to provide more facts for me to provide a better answer to this question. Do you live in this property as your home ? Do you own other real estate ? In general if you are filing a Chapter 13 bk with a plan that brings all your secured claims current and pays 100% of all priority tax debt and unsecured debt you will able to retain this home w/o regard to its status as your home or not. If you are trying to discharge some or all of your unsecured debt than more facts are needed. Your best course of action is to consult with a BK atty in your area who provides a free initial consultation.

Posted

You cannot exclude the home from your bankruptcy petition - all assets and debts must be declared. What ultimately happens in a Chapter 13 depends on the amount equity you have in the home and how much unsecured debt you have. In general, if the equity you have in the home exceeds the amount of unsecured debt you have, then the Chapter 13 plan would have to include sufficient payments to pay off 100% of the unsecured debt.

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