Legal Question in Bankruptcy in Virginia

Homestead Deeds

In 1990 my husband and I filed Chapter 7 and our Attorney done the home stead deed with both our names on it. The property listed was real estate in his name only. Again it was filed in both names. Do I have the 5,000? Or is the 5,000 all we would be allowed? He also had two children was there an additional 500.00 for each child, that he could have used. Total used was 6,700. So does that mean that I would have 3,300 that I can still claim? He is deceased, and will not be able to claim the rest, if there is 3,300 left. Can you help clear this up for me? Thanks


Asked on 3/06/09, 11:25 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Homestead Deeds

If the property exempted was his only, I would argue that you have the whole $5000 left, or at least $4300 of it (he used $6700 and had $6000 available). But a bankruptcy trustee may view this differently - there is no clear answer. If you are considering filing bankruptcy, feel free to call me. We practice bankruptcy law throughout most of Virginia.

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Answered on 3/06/09, 12:28 pm


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