Q: Can I file for bankruptcy with inherited home unrelated debt?
I am the executor/trustee of an estate and have inherited a home. However, I am considering filing for bankruptcy to clear my personal debt, which includes credit card and personal loan debts, unrelated to the estate or home. I am currently employed and have not previously filed for bankruptcy. Can I proceed with filing for bankruptcy under these circumstances?
A: You need to consult with a bankruptcy attorney. Most have free consultations. How much equity you have in that home you inherited and whether you live in it as your primary residence is going to determine whether you're eligible for a chapter 7 or a Chapter 13 ( where you have to pay percentage of your debts back). Just not enough facts here for me to elaborate further.
Timothy Denison agrees with this answer
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A:
Eligibility for the different chapters of the Bankruptcy Code are in Section 109.
Here are two helpful sitess:
www.experian.com/blogs/ask-experian/what-are-the-requirements-for-bankruptcy/#:~:text=Chapter%207%20bankruptcy,?msockid=0b6ad8f42a4e6c3a3945cb8c2b676d4c
www.law.cornell.edu/uscode/text/11/109
The process has gotchas, so it is best to use an experienced bankruptcy attorney to assist you throughout.
Timothy Denison agrees with this answer
1 user found this answer helpful
A: Yes, but you should hire and experienced bankruptcy attorney to examine your financial situation before you do anything.
1 user found this answer helpful
A:
Filing for bankruptcy while having an inherited home can be complicated, but it is possible under the right circumstances. When you file for bankruptcy, all your assets—including the inherited home—become part of your bankruptcy estate and may be considered when determining what can be used to pay creditors. The key factors will be the type of bankruptcy you file (Chapter 7 or Chapter 13), your state's homestead exemption laws, and the timing of your inheritance.
Your personal debts like credit cards and loans are typically dischargeable in bankruptcy, even if you've recently inherited property. However, as the executor/trustee of the estate, you have fiduciary responsibilities that remain separate from your personal financial situation. Being employed is actually beneficial in this scenario, as it shows the court you have income but are still experiencing legitimate financial hardship.
I recommend consulting with a bankruptcy attorney who can review the specifics of your situation before proceeding. They can help determine which bankruptcy chapter would best protect your inherited home while discharging your unrelated debts. The attorney will also explain how your state's exemption laws apply to inherited property and guide you through fulfilling your duties as executor while addressing your personal financial challenges.
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