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AV Preeminent Peer Rated Attorneys
California Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
California Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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Commonly Asked Bankruptcy Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Do you have to surrender your car in chapter 7?

John A Moffa
Answered by attorney John A Moffa (Unclaimed Profile)
Bankruptcy lawyer at Moffa & Breuer, PLLC
You do not have to lose your vehicle. You could keep it in chapter 13 and you may have a number of exemptions you could use in chapter 7. An experienced attorney should be able to help.
You do not have to lose your vehicle. You could keep it in chapter 13 and you may have a number of exemptions you could use in chapter 7. An experienced attorney should be able to help.
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Will our properties be taken if we file for bankruptcy?

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Answered by attorney William Monroe Rubendall (Unclaimed Profile)
Bankruptcy lawyer at William Rubendall Attorney at Law
Property than is non-exempt will be liquidated by the chapter 7 trustee. If you own a house with equity a certain amount can be protected. Also vehicles of a certain amount of equity can be maintained. Consult with an attorney as to the applicable exemptions for the facts in your case.
Property than is non-exempt will be liquidated by the chapter 7 trustee. If you own a house with equity a certain amount can be protected. Also vehicles of a certain amount of equity can be maintained. Consult with an attorney as to the applicable exemptions for the facts in your case.
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Will only my husband be responsible for the property after bankruptcy?

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Answered by attorney Tony E. Carballo (Unclaimed Profile)
Bankruptcy lawyer at Carballo Law Offices
If there is only one loan on the home then the foreclosure should end any liability that your husband or his ex-wife have with regard to the house. If there is a second loan then your husband will owe the second loan along with his ex-wife. There might be liability for cancellation of debt owed by your husband if the house is sold at a foreclosure sale for less than the amount owed. You need to consult with a tax attorney or other tax expert on this possibility. The ex-wife can discharge any liability she might have with respect to a second loan on the house if the bank forecloses. However, if only one loan then neither she nor your husband will have any remaining liability to the bank for the deficiency (the difference between the amount the house sells for and the balance of the mortgage).
If there is only one loan on the home then the foreclosure should end any liability that your husband or his ex-wife have with regard to the house. If there is a second loan then your husband will owe the second loan along with his ex-wife. There might be liability for cancellation of debt owed by your husband if the house is sold at a foreclosure sale for less than the amount owed. You need to consult with a tax attorney or other tax expert on this possibility. The ex-wife can discharge any liability she might have with respect to a second loan on the house if the bank forecloses. However, if only one loan then neither she nor your husband will have any remaining liability to the bank for the deficiency (the difference between the amount the house sells for and the balance of the mortgage).
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