If I was to file a Chapter 7 and I still own a house with my ex-spouse, do I have to listit in my bankruptcy case?

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If I was to file a Chapter 7 and I still own a house with my ex-spouse, do I have to listit in my bankruptcy case?

Asked on May 23, 2011 under Bankruptcy Law, Georgia

Answers:

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 10 years ago | Contributor

If you have any interest in the house, you must list it in your bankruptcy case.  Whether or not it is "protected" depends on its value and what exemptions you have available under applicable law.  Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period.

 

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 10 years ago | Contributor

If you have any interest in the house, you must list it in your bankruptcy case.  Whether or not it is "protected" depends on its value and what exemptions you have available under applicable law.  Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period.

 

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/


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