Slinger, WI asked in Bankruptcy for Pennsylvania

Q: What are the bankruptcy laws in PA? What is protected from bankruptcy ie home, car, etc?

Related Topics:
1 Lawyer Answer
Rachel Lea Hunter
Rachel Lea Hunter
Answered
  • Consumer Law Lawyer
  • Cary, NC
  • Licensed in Pennsylvania

A: Your question as to the bankruptcy laws is too broad. What do you want to know? There are 2 kinds of bankruptcy that most debtors can file - either a chapter 7 or chapter 13. Briefly, the difference is that the chapter 7 is a straight liquidation meaning that most are no asset cases. You keep your whatever is exempt under the law and you get a discharge of your dischargeable debt. With a chapter 13, which is for people who (a) have more assets than is provided for in the exemptions and (b) who have a steady income stream, these debtors keep all of their property but have to pay back a percentage of their debt over a 3-5 year period. If you are behind on your mortgage and want to save your home, the chapter 13 also lets you get caught up on the mortgage.

PA allows you to choose between state (PA) or federal bankruptcy exemptions. PA has no exemption for a home or a car so if you have either of those things, then you will want to choose the federal bankruptcy exemptions.

There are many websites where you can go to learn about bankruptcy - www.thebankruptcysite.org or www.legalconsumer.com, just to name two.

However, many bankruptcy attorneys give free consults. I suggest that you get one to see what kind of bankruptcy you qualify for given your assets and income.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.