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Will I Lose My Home in Bankruptcy?

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Home ownership is part of the American Dream.  So, what happens when you achieve this dream and run into financial difficulty? In most cases you can keep your home even if you decide to file for personal bankruptcy.

CHAPTER 7 BANKRUPTCY AND YOUR HOME

Chapter 7 bankruptcy also referred to as straight bankruptcy or liquidation bankruptcy is a process to discharge your unsecured debts. Thankfully, in Ohio there is a large homestead exemption.  As long as your equity in your home does not exceed this exemption the bankruptcy court cannot sell your home. As of 2023, this exemption is approximately $145,000 per individual and $290,000 per couple. To keep your home in Chapter 7 you should be current on your house payments. As long as you are current and do not have equity beyond the exemption amount you will be able to keep your home.   If you wish to keep your home you will typically sign a reaffirmation agreement. This document makes your mortgage non-discharged and your mortgage holder will continue to report your payments to the credit reporting agencies.

CHAPTER 13 BANKRUPTCY AND YOUR HOME

If you have too much equity in your home or are behind on your mortgage payments you can save your home through a Chapter 13.  A Chapter 13 bankruptcy is a repayment plan.  If your home is in foreclosure you can file Chapter 13 up to the moment the sheriff auctions your home. You will then make your regular house payment and your arrears payment through the Chapter 13 Trustee. Once you complete your case you will be current on your home and will then make your payment directly to your lender.

MORE INFORMATION

Call 513-752-3900 to schedule a free consultation. We will give you plenty of time to discuss your individual circumstance with an experienced bankruptcy lawyer.   We offer fair fees, payment plans, easy parking and two convenient locations: Eastgate, Clermont County & Middletown, Ohio. Since 1992, Keegan & Company Attorneys has helped thousands of your neighbors protect assets and gain financial peace of mind.

 

Bankruptcy Terms Explained

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If you are facing financial difficulty and considering bankruptcy protection you want to educate yourself on the process and terms before moving forward. Here at Keegan & Company our attorneys will take the time to explain the process in plain English.

Following is an explanation of the most common terms.

BANKRUPTCY –  A legal procedure for businesses and individuals to eliminate debt.

BANKRUPTCY PETITION – The document filed with the bankruptcy court to open a bankruptcy case.

CHAPTER 7 – The chapter of the bankruptcy code in which you eliminate unsecured debts.

CHAPTER 13 – The chapter of the bankruptcy code in which you will pay back a portion of your debts over a three to five year period.

BANKRUPTCY TRUSTEE –  The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the U.S. trustee. The trustee’s responsibilities include reviewing the debtor’s petition and schedules and bringing actions against creditors or the debtor to recover property of the bankruptcy estate. In chapter 7, the trustee may liquidate property of the estate, and makes distributions to creditors, although this is relatively rare.

AUTOMATIC STAY – An injunction that automatically stops lawsuits, foreclosures, garnishments and all collection proceedings against you the moment the bankruptcy petition is filed.

341 MEETING OF CREDITORS – The meeting required by section 341 of the Bankruptcy Code at which the debtor is questioned under oath by a trustee about his/her financial affairs. Also called creditors’ meeting. Currently, this meeting is held over the phone at our office.

EQUITY – The value of a debtor’s interest in property that remains after liens and other creditors’ interests are considered.

The offices of Keegan & Company Attorneys provide free consultation, fair fees and monthly payment plans.  We allow plenty of time for you to sit down with an experienced attorney to discuss your individual situation. Our attorneys will guide you toward the best path to solve your unique problems. Fees are based on your individual situation and will be quoted at the consultation. During and after your case, we are available to gladly answer any of your questions. Call 513-752-3900, to schedule your free, no obligation consultation.

How Can Bankruptcy Help Me?

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WHAT IS BANKRUPTCY?

Bankruptcy is a legal procedure giving debtors federal protection from creditors.  Under the bankruptcy code you can protect certain assets, get relief from most debts and enjoy a fresh financial start!

HOW CAN BANKRUPTCY HELP YOU AND YOUR FAMILY?

Filing bankruptcy can wipe out credit card debt and other unsecured debts. Once filed, no creditor can collect on those debts.

Bankruptcy can stop creditor harassment.

Bankruptcy can stop repossession of your car and  foreclosure of your home. You may still keep your home even if a foreclosure has already been filed.

Medical debt is discharged through bankruptcy. Overall, medical bills are the main reason in the U.S. for bankruptcy. Hospitals and ER services cannot refuse you service in the future because of your bankruptcy.

 

WHICH BANKRUPTCY OPTION BEST FITS MY SITUATION?

The most common filings for bankruptcy are Chapter 7 and Chapter 13. Chapter 7 will wipe out all your unsecured debt (credit cards, medical debts, utilities, etc.). In most situations, you can keep your house and vehicle in Chapter 7, as long as your current on payments. Chapter 7 is a straight bankruptcy. Chapter 7 bankruptcy will stop all collection proceedings including phone calls, mailings, garnishments and court proceedings. Most bankruptcy filings in the U.S. are Chapter 7.

Chapter 13 is a repayment plan and is sometimes referred to as a wage earner plan. You must have a reliable source of income. Chapter 13 will stop a foreclosure of a home and/or repossession of vehicles. It is designed to help you catch up on your home and/or vehicle payments if you are behind. You will repay 1% to 100% of your unsecured debt, depending on your individual situation. This will last a minimum of three years and maximum of five years. During this time it will be up to the creditors to file claim in order to be paid during your case.

WHAT DEBTS WILL A BANKRUPTCY NOT ERASE?

Most of your debts can be discharged in a bankruptcy. Some kinds of debt can never be discharged. Call and set up a free consultation if some of the following items are part of your debt picture.

Student Loans – Most student loan debt is not dischargeable. In some situations a debtor can discharge student loan debt if they can prove the debt causes an extreme hardship. This is usually an uphill battle but possible.

Taxes – Some income tax debt can be discharged in bankruptcy, but this varies. Make an appointment to discuss your individual situation.

Alimony and Child Support – Back payments (arrearages), current child support and alimony are non-dischargeable .

Fines and Penalties – Most fines that are imposed by a court and most penalties that are assessed by a government agency are non-dischargeable.

WHAT HAPPENS AFTER BANKRUPTCY?

You can improve your credit after the discharge (or completion) of your case. Through bankruptcy people gain the opportunity to rebuild their credit that without the fling would be much more difficult.

FREE CONSULTATION

Contact Keegan & Company Attorneys at 513-752-3900 to schedule a free consultation with an experienced attorney. Choose one of out convenient offices both with free parking: Eastgate and Middletown, Ohio.

BANKRUPTCY COURT “MEETING OF CREDITORS”- NO NEED TO WORRY, WE HAVE YOU COVERED!

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DO I HAVE TO GO TO COURT FOR BANKRUPTCY?

One of the most commonly asked questions we receive in our office is “will I have to go to court and appear before a judge”?  There will be a telephone conference at your attorney’s office before a trustee at a meeting called the “meeting of creditors”.  The primary purpose of this phone call is to give the bankruptcy trustee an opportunity to review you petition and have you confirm under oath the information provided in your schedules.

Knowing what to expect at the hearing can make the process go smoother and help to ease any anxiety.

WHO WILL ATTEND THE MEETING OF CREDITORS?

Usually, the only people on the phone call meeting are the trustee, your attorney and you.  Many people are worried that their creditors will come to this hearing and harass them.  Although your creditors will get notice of your meeting of creditors they rarely attend.  If they happen to appear your attorney will be with you to make sure they do not do anything inappropriate.

THE SETTING

Since  COVID, the meeting place has changed to our EASTGATE office in the form of a phone conference. You will answer questions from the trustee over the phone while in your attorney’s office.  As of 2022, these meetings are still taking place by phone conference and it appears this will continue.

AFTER THE 341 MEETING

If your case is a Chapter 7,  after your meeting you will need to complete a second credit counseling session.  Once that is complete and submitted to the court you will just be waiting for your discharge which will be issued approximately 120 days after your case is filed.  If you are in a Chapter 13 you will need to make your payments as ordered by the trustee. At the end of your payment agreement you will complete a second credit counseling session to complete your case and get your discharge. We will help you know what you must do to complete your case and get your discharge. Your discharge is your first step toward better credit.

FREE CONSULTATION

Call Keegan & Co. Attorneys, LLC at  513-752-3900 to schedule your free consultation at one of our convenient offices: Eastgate or Middletown. You will have plenty of time to discuss your unique circumstances with an experienced and knowledgeable attorney. We offer flexible meeting times and flat fees. Both our attorneys and staff work to make the bankruptcy process as seamless and easy for you as possible.