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Can I claim a bankruptcy on my crdit cards while owning a

 
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Can I claim a bankruptcy on my crdit cards while owning a home?

 

Optional Information:
Country relating to Question: United States
State (if USA): New York

Submitted: 297 days and 1 hours ago.
Category: Bankruptcy Law
Value: $38
Status: CLOSED
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Expert:  WALLSTREETESQ replied 297 days and 1 hours ago.


WALLSTREETESQ :

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



WALLSTREETESQ :

It is possible to file a bankruptcy when you own a home, you could file either a chapter 7 or chapter 13, if you live in NY, their is a significant homested exemption which allows you to keep equity in your home if you have any, and still file a bankruptcy.

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Expert:  WALLSTREETESQ replied 297 days and 1 hours ago.

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Expert:  WALLSTREETESQ replied 297 days and 1 hours ago.

For example if you have a home paid for and it is in NYC if worht less then $150,000 you can keep the property withou any worry.

 

 

When you file for bankruptcy in New York and own a home, you can protect a house, condominium or cooperative unit, or mobile home with equity of up to

    $150,000 if the property is located in Brooklyn, Queens, Manhattan, Bronx, Staten Island, Long Island, Rockland, Westchester and Putnam counties;
  • $125,000 if the property is located in the counties of
  • Dutchess, Albany, Columbia, Orange, Saratoga or Ulster;
  • $75,000 if the property is located in any other county in New York State.

If you have a mortgage you must keep paying it or the mortgage holder can foreclose on the home.

  • It's important to remember that the homestead exemption may be used only on your primary residence - so if you own multiple properties you can use it in only the one in which you live. Similarly, you cannot claim a homestead exemption on a property that is purely an investment or rental property.

WALLSTREETESQ41078.9070215278

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Expert:  WALLSTREETESQ replied 297 days and 1 hours ago.

I am sorry about the service, the chat did not complete my full answer, please review, and if you need any further clarification please provide us with positive feedback.

For example if you have a home paid for and it is in NYC if worht less then $150,000 you can keep the property withou any worry.

When you file for bankruptcy in New York and own a home, you can protect a house, condominium or cooperative unit, or mobile home with equity of up to

    $150,000 if the property is located in Brooklyn, Queens, Manhattan, Bronx, Staten Island, Long Island, Rockland, Westchester and Putnam counties;
  • $125,000 if the property is located in the counties of
  • Dutchess, Albany, Columbia, Orange, Saratoga or Ulster;
  • $75,000 if the property is located in any other county in New York State.

If you have a mortgage you must keep paying it or the mortgage holder can foreclose on the home.

  • It's important to remember that the homestead exemption may be used only on your primary residence - so if you own multiple properties you can use it in only the one in which you live. Similarly, you cannot claim a homestead exemption on a property that is purely an investment or rental property.

 
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