Legal Question in Bankruptcy in Florida

Chapter 7 and Homestead property

I have just been informed my chapter 13 case was dismissed, I have had a difficult time making the payments. My only real assets are my home and my truck. If I convert to a chapter 7 will I lose my home? I was current on the truck payment when I filed the 13, but not on my home, the mortgage was in foreclosure.

I would like to know about the homestead exemption in Florida as applicable to Ch. 7 and if it can help me save my home? If not can you suggest a course of action I should take. My attorney has not been very helpful with this and I need guidance. Thank you.


Asked on 1/21/02, 9:16 pm

1 Answer from Attorneys
Anthony Comparetto Comparetto Law Firm

Re: Chapter 7 and Homestead property

1. You should talk with your attorney to get his help.

2. The homestead exemption does not prevent the bank from taking your home and chapter 7 will not stop it.

3. You should talk to a attorney on refiling your chapter 13. Start over get it rigth this time and save your home and property. If you need information on how to handle the case, your attorney and foreclosure you can go to www.foreclosure-law.com. Good luck.

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Answered on 1/21/02, 10:09 pm


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