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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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My brother bought a house Tobyhanna, Pa. in 1998 for $110,000.

Resolved Question:

My brother bought a house Tobyhanna, Pa. in 1998 for $110,000. It's been his home off and on since, but he also spends a lot of time in NYC for professional reasons.

Recently, things have gone tough for him financially, and he's about to file a Chapter 13 petition. He rents an apartment with his girlfriend and wants to remain in it. (He owes about $8,000 in back rent.)

He considers his house in pa. to be his home. It's now worth about $120,000; he's paid about $60,000, still owes about $70,000.

Can this house & land be a "homestead exemption"? Since he has equity in the property, could he be pushed to sell it?

Your input would be greatly appreciated.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 1 year ago.

cfortunato :

Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.

Customer:

ok

cfortunato :

Which address has your father used on his income tax returns for the past 2 years?

Customer:

It's my brother - he hasn't filed recently

cfortunato :

In which state does he vote?

cfortunato :

Also, which address is on his drivers license?

Customer:

NY - but the last time he voted was 12 yrs. ago.

Customer:

Driver's license is from Pa.

Customer:

Also, the adress listed is the same as the property we're asking about.

cfortunato :

Thank you for your responses. If he considers PA to be his main residence (it is okay that he also lives in and rents an apartment in another state), he will be able to apply the homestead exemption to his PA home.

Customer:

This even though he's filing in the Southern District of New York

Customer:

?

cfortunato :

Yes - because he has to file in the district where he has lived for the most amount of time during tne 180 days before filing.

cfortunato :

If he lived in NYC for at least 91 days out of the 10 days before filing, he has to file in NYC.

cfortunato :

...out of the 180 days...

Customer:

OK. We thank you very much.

cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and other Bankruptcy Law Specialists are ready to help you

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