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Old 04-11-2004, 12:44 PM
inoverRheads
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another Indiana equity in home question


What is the name of your state? Indiana
Read post from "2farindebt" with interest. Same situation here. House valued at $92,000 with mortgage of $67,000 still due. After taking Indiana homestead exemption of $15,000 jointly, we are left with $10,000 equity. DO ANY OTHER costs come out of sale of home? One lawyer said closing costs and commission come out leaving us about $800 and that NO trustee would sell our house for that small amount of money to distribute to creditors. Another lawyer said no other costs come out of sale proceeds except our $15,000 exemption which would leave the whole $10,000 for the creditors. WHICH lawyer is right? Thanks for any help!! Second lawyer is also advising just one spouse declare chapter 7 to be able to keep our home since we will have $10,000 left after giving the $15,000 exemption to us. He cited the "tenancy by the entireties" clause also. We are confused. If first lawyer is correct, we should BOTH be able to file and still keep our home. Does anybody know FOR SURE??
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Old 04-11-2004, 05:49 PM
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Join Date: Feb 2002
Location: Nashville,TN
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Are you anywhere near Indianapolis ?

One of our lawyer members practices there. Her web site is here:

[url]http://www.dphilpotlaw.com/[/url]
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Old 04-11-2004, 06:22 PM
inoverRheads
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another Indiana home equity question


Yes, Ladynred, we live just north of Indy. I went to the website you gave me and posted (I hope) this question there and hope to receive a reply soon. Thank you for your help. We are so confused to get two different answers out of Indiana lawyers who specialize in bankruptcy law.
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