Legal Question in Bankruptcy in Pennsylvania

The home I live in I & my wife have a mortgage, my fathers home in a seperate county which also has a mortgage w/him,my sister & myself our on the note w/the bank, But my sister and I are half owners on the deed-not my dad. I don't make the mortgage payment nor live there but, it's on my credit report. If I file Chapter 7 will my half " Ownership of home have to be sold off " ?

Asked on 12/12/12, 5:30 pm

1 Answer from Attorneys

You are on the note so that is why it is on your credit. You own a portion of the property and you may not be able to file a chapter 7 as your portion will be treated as an asset. However, I don't know what else you own or how much equity is in the property. Even if you could not file a chapter 7, you could still file a chapter 13. In a chapter 13, you keep all your possessions but you pay back a portion of your debts.

I don't know your circumstances or the kinds of debt you have. What I suggest that you do is get a consult with a bankruptcy attorney and find out whether you can file a chapter 7 bankruptcy. If you cannot, then you have some options: (1) you can convey your 1/2 share of the property back to your dad and/or sister, but if you did this you would not be able to file a chapter 7 for 1 year at least from the date of the conveyance; or (2) depending on your debts and your ability to put money aside, debt resolution may be the way to go.

If you cannot file a chapter 7 and want to discuss your other non-bankruptcy alternatives, please email me at rachelforjustice@hotmail.com.

You may also wish to browse some of the articles at my website at www.rachelhunterlaw.com or at http://lawyernext.com/profile/RachelHunter

I have written some things which you may find helpful.

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Answered on 12/27/12, 4:17 pm


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