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Category: Bankruptcy Law
Satisfied Customers: 17080
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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I Have 30.000 in unsecured dedt my name only we have property

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I Have 30.000 in unsecured dedt my name only we have property in Oregon tenents by entirety we
Live Hawaii own home there more then worth if I file bankruptcy me only will I lose oregon


Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on


Is their equity in the oregon property?

Customer: It's paid for but it's tenants by entirety and wife not dedt

In the event that only one files bankruptcy and property is held in both names, then the property is 100% protected. If both file bankruptcy, however, the property is not protected and may be liquidated to pay back any unsecured creditors.


Under Hawaii case law, "Property held as tenancy by the entirety may be exempt against debts owed by only one spouse"

Security Pacific Bank v. Chang, 818 F.Supp. 1343

(D. Ha. 1993)


So your property in Oregon would be protected

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Customer: replied 5 years ago.

I live hawaii with hawaii dedt in my name only not wife if i move to oregon and file bankruptcy alone in oregon how long do i have to wait and can they touch my house there(oregon) its payed for will homested law protect me there along with tenents by entirty




If you file in Oregon, the bankruptcy court would use Hawaii law, since you lived their the last two years.

So the house would be protected.

Section 522(b)(2)(B) allows a debtor to exempt tenancy by the entirety property if the state, such as Florida, has opted out of the federal exemptions.[8] Therefore, if no objections are made to the debtor's claim that the property is exempt based on a tenancy by the entirety, the property will "emerge from the bankruptcy in the hands of the debtor subject to creditor's claims" under state law.[9] Any creditor, though, may file an objection to the debtor's claimed exemption.[10] Once the objection is filed, Florida bankruptcy courts must filter though a mountain of conflicting case law and public policies to find a solution.