Home     Law Advice     Insurance Advice     Community    
Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Consumer Bankruptcy

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 11-02-2003, 08:44 PM
Member
 
Join Date: Jul 2003
Location: s.c.
Posts: 30

filing bk, can they force the sale of my home?


What is the name of your state?sc

i probably am going to have to file bk.
i purchased a mobile home for my daughter. she has not been able to keep up payments due to illness.

i could afford to help her when it was purchased three years ago, however i was diagnosed with cancer in september.

i know they will sell it for pratically nothing and i am liable for the difference.

can they force the sale of my home if i file bk?
it is the only thing of value. i probably have less equity than i will owe them.

the rest is unsecured debt. i desperately need to keep my home, as payments are much less than rent.

thank you.
  #2  
Old 11-02-2003, 09:46 PM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
If the equity in the home is more than the exemption, then its possible that the Trustee may grab it and sell it. However, mobile homes depreciate very badly and you may not have the equity you think you have.

If your equity is within the exemption limits, then you just reaffirm the mortgage and keep paying it if you can keep up the payments.

SC homestead exemption is $5,000. However, in SC, you may use Federal Exemptions instead, and the homestead exemption for Federal is $16,150.

You can find all the exemptions for SC and Federal listed here:

[url]http://www.thebankruptcysite.com/exemptions/federal.htm[/url]

[url]http://www.thebankruptcysite.com/exemptions/southcarolina.htm[/url]
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #3  
Old 11-02-2003, 10:23 PM
Member
 
Join Date: Jul 2003
Location: s.c.
Posts: 30

thanks


thanks ladynred. i can afford to keep the mortgage up..just the medical bills got so out of hand i couldn't do everything, and planned to get another job before the cancer diagnosis.
just can't do it now. and i hate it.
but don't want to lose my home.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 05:40 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.