Legal Question in Bankruptcy in Indiana

Can I keep my home?

I'm on Soc.Sec. disability, my husband has left me, we owe $40,000 on home and $20,000 on credit card debt. I only make $645 a month. I see no way out of this. If I file bankruptcy will I lose my home? What all can they take? I don't know anyone who filed to ask and am very alone and lost. Any info you can give me would be greatly appreciated. any site that explains in regular language what I will have to be going through???thank you Sue


Asked on 9/17/02, 6:06 pm

1 Answer from Attorneys

Dorene Philpot Philpot Law Office

Re: Can I keep my home?

If you are married and filing jointly, you are allowed to keep up to $15,000 equity in your home. That's the difference between what it's worth and what you owe.

As long as you fall under that exemption level -- and as long as you are current on your mortgage payments and insurance for it, you can keep your house.

Here's some other information you might find to be helpful:

In Indiana, you can file jointly, as a married couple, or separately. Assets that you are allowed to keep, in addition to the home equity, are $4,000 in personal property, which includes equity in your vehicle(s) (double that, if filing jointly).

Items that you cannot get discharged in a Chapter 7 bankruptcy include student loans, child support, maintenance to a former spouse, most taxes and damages in a drunken driving accident.

Pretty much everything else is fair game for discharge.

The most common reasons that people file for bankruptcy protection are: 1. Job loss/business closure or downsizing. 2. Major uninsured medical bills. 3. Divorce.

There is no limit to the amount of bills or debts that you can get discharged. You just have to show that your income vs. your bills won't provide you with a way to make meaningful progress on paying off your debts.

You can choose which items you want to keep and continue to pay on, such as autos and your home. This is called reaffirmation.

The whole process from filing to discharge takes about four months.

Hope this information is helpful to you....

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Answered on 9/18/02, 7:35 am


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