Red Hook, NY Bankruptcy Law Firms & Lawyers

Filing bankruptcy won't release liens on property that you have already sold. Although it is possible to remove liens affecting property that is protected by a homestead through bankruptcy, once you sell, you no longer can claim the homestead protection.

Unfortunately, the short answer is it depends.  New York law provides for a homestead exemption that ranges from $75,000 to $150,000 depending on where you live.  So, if your home is worth less than the amount of the homestead exemption, it is unlikely that the Chapter 7 Trustee will sell it for the benefit of your creditors.  Please note that a husband and wife filing jointly in New York may double their homestead exemption.  However, to the extent that your home is worth more than the homestead exemption you are entitled to, you run the risk that the Chapter 7 Trustee appointed in your case may sell the property and utilize the equity for the benefit of your creditors.  The bankruptcy code even allows this to be done if you own the property jointly with a non-debtor.  See 11 U.S.C. Sec. 363(h).  You should really see a bankruptcy attorney for moving ahead with any plan to file Chapter 7 if you own a home with equity.