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My husband and I are going bankrupt and my question is can you go chapter7 and keep your house? I live in maryland.

My husband and i are going bankrupt and my question is can you go chapter 7 and keep your house? also can you keep your car?

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Attorney answers (3)

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Reputation Level 13
Your question requires more information and an intimate knowledge of your petition details. However, generally speaking, it is certainly possible to keep both a car and a house in a chapter 7. Reaffirmation is usually the route when one owes on the property he/she is trying to keep.

However, reaffirmation is not automatic. If your budget is in the negative you may have to get permission from the BK judge at a reaffirmation hearing.

Also, equity comes into play. If you have positive equity in your car or home that is an asset. You will need to apply the exemption laws in your state to protect that asset...and of course, there are limits as to how much you can exempt.

You really need to consult with an attorney in your home state.

Disclaimer: This post does not constitute legal advice, does not create an attorney-client relationship and should not be relied up. Do not act or fail to act based upon this post; it is not a substitute to seeking legal counsel. In all cases, Attorney disclaims any liability related to this post.
3 people marked this answer as good

Reputation Level 11
It is possible to retain both a home and automobile despite filing a Chapter 7 Bankruptcy. Whether or not you will be able to in your case will depend on a variety of factors including such things as: The value of the property in question; any liens against that property, including a mortgage; and your ability to continue to pay for any secured loans associated with the property.

Reputation Level 9
The big question for you is whether there is equity in your house and in your car. If so, how much equity?
If there is no/little equity, and your income otherwise allows you to make the house/car payments, and you are current on the payments, then you should be able to keep both.

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