Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
What is the current market value of your home?
What is the balance of the mortgage(s)?
What type of retirement plan do you have?
Given the information you provided, you may not be able to keep your home if you file a Bankruptcy, because the applicable exemption is $175K. Since your home has more equity than that, the Bankruptcy trustee would be able to sell your home and give you $175K, unless you are able to pay the difference ($67K) with exempt assets.
The retirement funds would be exempt (could not be taken) if they are in "an account that is exempt from taxation under section 401, 403, 408 408A, 414, 457, or 501(a) of the Internal Revenue Code..." Bankruptcy Stat. 522(b)(3)(C).
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