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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Dave, I have contracted a lawyer for the my lawsuit case (see

Resolved Question:

I have contracted a lawyer for the my lawsuit case (see our previous communications), and he has advised that I file chapter 7 bankruptcy due to my current inability to pay the plaintiff ,or to find myself a job.
He has said that the chapter 7 homestead exemption would protect me from my house being sold due to legal proceedings from the lawsuit.
There is something here that bothers me.
I have lived in the house 25 years and it is in my name. A few months after my ex girlfriend left (she left about 2 years ago, and is the one who is suing me), I met another woman and we are now married for one year.
Even though I solely own the house, my lawyer believes that this chapter 7 action would allow homestead exemptions for both myself and my wife.
In New Hampshire, that is $100K per person. I now have a remaining mortgage of $65K.
This would add up to (100K + 100K + 65K =) $265K of exemptions. Assuming I qualify and declare chapter 7 in my name only, and the house is solely owned by me, would an exemption of $100K be granted for my wife? What are the rules around this in New Hampshire?
Also, can this action be contested by the plaintiff?
Bob Kugler
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.

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

Dave is not a Bankruptcy Law expert, so is not able to answer this question. Would you like me to answer your Bankruptcy questions?
Customer: replied 5 years ago.
Yes, please. Can you access my communications with Dave? If not, I will get back to you tomorrow with the background,


Bob Kugler
Expert:  cfortunato replied 5 years ago.

The homestead exemption is available for each Bankruptcy filer. However, since your wife does not own your home, she cannot apply her available homestead exemption to it. In other words, given the information you provided, there would be only one $100K homestead exemption available if you or you and your wife file a Bankruptcy.


I think this is what you wanted to know. If not, please let me know.
Thank you.
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