Nevada  |  Bankruptcy

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11/02/09, 5:24 pm

Legal Question


I am recently divorced and am filing for chapter 7. My name is still on the house and other property my husband and I own. We are waiting for the market to go up so that we don't take a loss. My ex-husband thinks that bankruptcy court can make us sell the home and property in the down market. Is this true?


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11/07/09, 7:29 pm

Legal Answer


Only if you have over $137,000 of equity.

Jeffrey Cogan

Jeffrey A. Cogan, Esq., Ltd.
6900 Westcliff Drive, Suite 511
Las Vegas, NV 89145

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11/08/09, 4:40 pm

Legal Answer


It depends on whether you live in the house or not, as well as if there is any equity in it. You are only entitled to claim an exemption to save your equity in a house if you actually live in it. But even if you don't live in it, the Bankruptcy Trustee is not going to sell property unless s/he can sell if for a profit. Even the Trustee will have to pay off the mortgages!

Dorothy Bunce

Attorney address not available

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