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Calboy

Junior Member
What is the name of your state (only U.S. law)? Ca.
I've yet to secure an attorney but I will soon. For the sake of my sanity, I believe I will have to file a chapter 7. I've just discovered that I am listed on a home in another state as a right to survivor. I own nothing outside of a truck in Ca. valued at $5700. I am planning to move into said home after bankruptcy. If I am considered a real owner, my equity is about $27K. The homestead exemption is equal in both states. Will the homestead exemption apply if I am not currently residing at the house , but will after BK?
 


bigun

Senior Member
You better get that lawyer sooner rather than later because, you don't have a routine run of the mill bk.
You will need to actually live in the house to get the homestead exemption plus, you will need to be a resident of the new state for 2 years in order to use that states exemptions.
 

Calboy

Junior Member
Thanks Bigun. Getting an attorney asap is a definite. I've been doing all the research on my own via forums like this and internet searches. Out of curiosity, does the fact that it was part of an estate planning have any bearing? My debt is about $50K. All credit card-unsecured. Would the wildcard exemptions cover most of that.
Thanks
 

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