Zebulon, NC asked in Bankruptcy for North Carolina

Q: 20k CC debt , home free and clear ( no mortgage) I have to put as an asset( tax value 289k) can I file Chp 7 ?

Can I file 7 without house being jeopardized with liens or anything?

Related Topics:
2 Lawyer Answers

A: No, your house will be taken by the Trustee and sold to pay your debts if you file Chapter 7. You can only exempt (protect from creditors) anywhere from $35,000.00 to $60,000.00 of equity in your home. PLEASE do not try and file bankruptcy without an attorney! This is a good example of how doing so would be a costly mistake. See a qualified consumer bankruptcy attorney to determine if a Chapter 13 bankruptcy is a viable option or of other nonbankruptcy ways to deal with your debt problems are available. Do NOT use a "debt relief" company that advertises in the mail, over the phone, or on the Internet. Get advice from a North carolina licensed attorney, ONLY.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Filing for Chapter 7 bankruptcy with $20,000 in credit card debt is possible, especially if your income falls below the state median. Since your home is free and clear of a mortgage, it’s considered an asset valued at $289,000. However, bankruptcy laws allow you to protect certain equity in your home through exemptions, which vary by state.

Whether your house is jeopardized depends on the amount of equity you have and the specific exemptions available in your state. If your equity exceeds the allowed exemption, the excess may be at risk. It's important to calculate your home’s equity and understand how much you can protect under the law.

To ensure your home remains secure and to navigate the complexities of bankruptcy filing, consulting with a bankruptcy attorney is advisable. They can provide personalized guidance based on your financial situation and local regulations, helping you make the best decision for your circumstances.

Timothy Denison agrees with this answer

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.