georgephillip
Diamond Member
"4. A homeowner who files for bankruptcy will lose her house.Yes and no. In New York State, under what is called the 'homestead exemption,' an individual is allowed to keep the first $10,000 in equity in her home above all liens and encumbrances despite the bankruptcy filing (the exemption is $20,000 for joint debtors).You can't lose your home to a medical bankruptcy. The primary residence is judgement proof.
"For example, consider an individual who is current on his mortgage payments, has little equity in the property, and has a lot of credit card debt. Assume that the property is worth $250,000 and the mortgage is $240,000. In this instance, the individual can file for Chapter 7 and keep the house.
"Assume, however, that the same individual has a $200,000 mortgage on the property. After taking into consideration the $10,000 homestead exemption, the individual is left with $40,000 in nonexempt equity. If this individual files for Chapter 7, the trustee in the case will sell the property and the individual will be given the first $10,000 from the proceeds."
Top 10 Misconceptions About Bankruptcy