Will I Lose My Home If I File Bankruptcy?

The idea of losing your home is unthinkable for many. Even when individuals are swimming in debt, they still may resist declaring bankruptcy for fear of losing the family home both because of the emotional ties it has, as well as being many families' biggest asset.

At the Law Office of John Gonzalez, P.C., a conversation about bankruptcy usually starts with the question: If I file bankruptcy will I lose my house?

While each situation is unique, the good news is that it is common for people to hold onto their homes during bankruptcy as long as they are able to make mortgage payments.

The Requirements For Keeping Your Home

There are three questions that need to be answered if you are trying to keep your home:

  • What type of bankruptcy did you file?

As discussed in our pages for Chapter 7 and Chapter 13 bankruptcy, there are differences for exemptions you are entitled to. Since Chapter 13 is a restructuring of your debt, there is the assumption that you will maintain your primary residence if you can afford to make the adjusted payments. It works differently with Chapter 7.

  • How much equity do you have in the house?

The house may be exempt under Chapter 7. If there is little or no equity in the home, then there is a better chance that the filer can keep it. However, if there is equity over the exemption limit, the filer may be forced to sell their home to pay off debts

  • Can you afford to pay the mortgage?

If you do not make the payments on the mortgage, then the creditor can foreclose on the house. If you do make the payments until all debts are paid in full, then you get to keep the house.

Bankruptcy filings in New York are complicated endeavors. A lawyer who handles the paperwork daily and understands the legal process is often crucial to the success of the application. Attorney John Gonzalez has focused on this work for more than two decades, making the process streamlined and relatively straightforward for his thousands of happy clients.

Afraid Of Losing Your House? Contact The Law Office Of John Gonzalez, P.C., Today.

Contact us through our website or call our Ronkonkoma office at 631-346-6253.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.