What happens to real property in a bankruptcy?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What happens to real property in a bankruptcy?

I am thinking of filling bankrupcy since I am not working now and i need advise on my properties that I own.I own one property where I am behind with payments and soon is going to be foreclosed. I do not live there; I live my sister now and I am not on the loan for that property but only on title for that property. If I file bankrupcy to include all my credit cards, car, and the house being foreclosed on, can I avoid any legal action on my sisters property since I am on the title there? Can they touch that property as well or no?

Asked on June 21, 2012 under Bankruptcy Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

With respect to the real property that you own and are behind on payments on which will soon result in it being foreclosed upon, your filing for bankruptcy protection and a discharge of this debt and your other debt (credit cards and the like) will result in you no longer being obligated on these debts.

As to the property that you own with your sister but are not on the loan for it, your bankruptcy would have no affect on the loan as that parcel. I suggest that you consult further about your situation with an experienced bankruptcy attorney.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption