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My brother bought a house Tobyhanna, Pa. in 1998 for $110,000.

It's been his home off...
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.
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Answered in 6 minutes by:
1/24/2013
cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8,023
Experience: Bankruptcy professor.
Verified

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
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8,023
Experience: Bankruptcy professor.
Verified
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cfortunato
cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8,023
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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