Legal Question in Bankruptcy in Virginia

We filed chapter 7 and want to file a homestead deed exemption. Using the form here says we have to be homeowners but we are renters who want to protect our security deposit and furnishings. can we use the form listed?

Asked on 4/06/18, 4:46 pm

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

The homestead deed law in VA (and exemption law in VA in general) refers to "houserholder." The term meant other things in the past, but now means "any resident of Virginia". If you are using a form that uses the term "homeowner," it's the wrong form. Your lawyer should be able to advise you, as the requirements for a valid homestead deed can be very technical. Don't try to file bankruptcy without a lawyer.

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Answered on 4/08/18, 5:38 am

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