All items that have dischargeable debts will be the filers property free and clear following discharge and cannot be seized to repay debts. Property such as a home that cannot have its associate debt discharged can be foreclosed upon following discharge if the filer does not stay current with payments but if the home is classified as exempt during the bankruptcy it will not repossessed during the bankruptcy process.
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Property
To make property exempt, the bankruptcy filer must make sure to claim the desired items as exempt in the filing forms and properly identify each item and its value. There are limits to exemptions and allowable exemptions are specific to item types that can be considered day to day necessities such as clothing, transportation, housing, trade tools, pension, earnings, and household items.
Although Chapter 13’s cannot protect all of an individual’s property from collection, in general, individuals who file Chapter 13 bankruptcies are able to keep the majority if not all of their possessions.
If you wish to retain more than one home you must make sure you can reasonably pay the mortgages on all of the homes they own. In the case of multiple houses being keep the only option available to a debtor is usually a Chapter 13 bankruptcy.
The best way to protect your home if its equity is above $60,000 is to file a Chapter 13 bankruptcy. A Chapter 13 bankruptcy can stop pending foreclosures and allows a debtor to restructure their late fees and past due mortgage payments.
