Legal Question in Bankruptcy in West Virginia

I have a friend who lost her job about a year ago. She fell behind on her debts including a mortgage. She wants to keep her house. She lives in the West Virginia and her household income is from child support and unemployment. The mortgage payments are current and she is able to meet basic household expenses. The house at time of purchase $150,000, and may be worth $130,000. Has about $700 of equity. Interest 5% Purchased and lived in 2 years ago. Other debt is about $9,500. She drives an old car worth $1,000 and has basic furnishings and cloths.

Although she is college educated she has found it difficult deciphering the bankruptcy rules with regards to her home. Hiring an attorney is not an option. On a percentage basis, is she likely to lose this home by filing chapter 7? She wants a fresh start so that she can keep her house. Thanks for your response.

Asked on 3/20/12, 7:53 am

1 Answer from Attorneys

Rodney Berry Berry, Kessler, Crutchfield and Taylor

As long as she maintains the payments, she can keep her house. West Virginia has a $25,000.00 Homestead Exemption, and it sounds like her house would easily fall within the exemption.

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Answered on 3/20/12, 11:18 am


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