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In Chapter7 is the house at risk?

Jacksonville, FL |

Ive asked before but either the information is not free or I am not asking it right. filing chapter7, in Florida. I want to keep my car which is paid for and valued between $5-$6k. My parents put me on the deed to their home. I am not on the financing. Floird ahas the exemption homestead but then I understand I cant stack the car $1k and the wildcard/personal property $4k. Is the house at risk? do trustee's make my parents sell their home to pay back my creditor/credit cards?

Attorney Answers 3


  1. There is a difference between providing legal information & providing specific legal advice. At AVVO, as an attorney licensed in a place other than Florida, I can give you information about how the law works. I can't give you legal advice because I am not licensed in Florida & I do not represent you.

    If you have made the decision to represent yourself, you are your own lawyer. If you don't feel up to the task, you may be better off spending the money to retain an attorney to represent you. It sounds like your case is too complicated for you to figure out on your own.

    Hope this perspective helps!


  2. I am not licensed in Florida, but general bankruptcy law is that if you are on title to real property, you need to schedule the real property as an asset on Schedule A. The question of whether or not you can claim both a car and a piece of real property as exempt should be answered by an attorney licensed to and practicing in Florida. Having said that, most states allow such "stacking" and I seem to recall that Florida allows all real property owned, regardless of size or value, to be claimed exempt. Any Florida attorneys want to put their 2 cents in?

    Lysbeth Goodman is an attorney licensed in the state and federal courts of California. This answer is for general information only and does not create an attorney client relationship between Lyasbeth Goodman and any other person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.


  3. Florida has a homestead exemption; however, the house must be your permanent residence in order to claim this exemption. Is the house owned free and clear or do they still owe money on it? Your car is a different scenario and the exemptions you can take will depend on different factors. I suggest that you set up a consultation with a bankruptcy attorney because you want to know and fully understand your rights before you file. Most attorneys will offer a free initial consultation.

    Take care and good luck.