Legal Question in Bankruptcy in California

I had a vehicle repossessed about 10 years ago, and now they have a judgement against me for $13,000.00. The only thing I own is my home that I homesteaded about 2 years ago. If I were to file for bankruptcy in California can they take my house?


Asked on 7/25/14, 1:30 am

1 Answer from Attorneys

Peter Lago Peter L. Lago, Atty at Law

A full answer depends on many more factors, i.e., what other debt do you have, how old are you and your spouse, is either of you incapacitated, what is the value of your home, how much do you owe on the home, what other assets do you own, what is your household income, etc., etc. In CA your home equity is protected to the extent of $75K if you're single, $100K if married, $175K if either of you is disabled or 65 or 55 and meet certain income thresholds, etc. So if the home equity qualifies for the appropriate level of protection then you won't lose the home, but other assets might be in jeopardy. As you can see it's not a simple "yes or no" answer. Contact a bankruptcy attorney in your area for a free BK consultation to get a more complete response that's based on your actual financial and personal situation.

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Answered on 7/25/14, 11:02 am


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