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I own two houses one of which is paid off, if I file for bankruptcy will I lose the house that is paid off
Columbus, OH
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Posted about 1 year ago in Bankruptcy / Debt
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Bankruptcy:
I have a house that is paid for and i'm living in another house that I make payments on. If I file bankruptcy chapter 7, will they take the other house that's paid for. I have a car that I'm paying on and want to keep. The main reason I'm filing is to pay my medical bills.
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Answers (2)James W. McNeilly Jr.
This attorney is licensed in Minnesota and 1 other state.
Posted about 1 year ago.
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It depends on what the house is worth and the amount of the applicable exemptions. Exemptions are laws that "exempt" certain assets from seizure by creditors either in or out of bankruptcy. In some states, you can only claim the state law exemptions. In others, you can claim either the state or the federal bankruptcy exemptions. Each states exemptions laws are different. The situation can be complicated if you recently moved to your state. I cannot fully answer your question because I am not licensed to practice in Ohio. You need to review your situation with an experienced bankruptcy attorney who practices law in Ohio.
Lesley Abigail Hoenig
This attorney is licensed in Illinois and 2 other states.
Posted about 1 year ago.
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I am not licensed in your state and am not familiar with Ohio exemptions, but if their exemptions are likes those of most other states, then a chapter 7 is probably a really bad idea if you want to keep both houses. Homestead exemptions typically can only be applied against one house (and contiguous land). And if Ohio isn't a a state where there is an unlimited homestead exemption (like Florida and Texas are known for), even if you lived there, you might not have a sufficient exemption to claim the home exempt. If you need a way to make your bills more manageable, a chapter 13 might be a better alternative for you, as you get to keep your property, and pay a portion (if not all) of your unsecured debt, based on the amount of equity you owe in a 3-5 year payment plan.
So, yes, I think it's likely you'd lose the paid off house in a chapter 7 bankruptcy (based on the limited facts you gave me and not really knowing Ohio Exemptions), but chapter 13 is a viable alternative for someone in your situation. You really need to consult an Ohio bankruptcy attorney about this, because they can best advise you as to the impact Ohio exemptions have on your unique situation. And there may be facts you haven't disclosed that impact the answer. |