Will I lose my house if I file bankruptcy?

When filing for Chapter 13, the answer is generally no.

You have the ability to retain your property by repaying all or a portion of your debts through a payment plan over a course of three to five years. In exchange you may keep your assets, including your house and vehicle, providing you keep up with making payments to the creditors secured to the property along with continuing to make payments to the Chapter 13 plan.

A Chapter 7 bankruptcy eradicates all of your debts, so it is vital that you share with your attorney all of your assets. In exchange for eliminating all of the debts, the bankruptcy trustee can take any of the property you owe which is not considered exempt.

What is considered exempt varies by state law but can be examined on your particular case. In most cases, exemptions include home and vehicle equity, retirement accounts, furniture, household goods, clothing, and miscellaneous possessions.

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