What Will Happen to My Home and Car If I File Bankruptcy?
In most cases you will not lose your home or car during your bankruptcy case as long as your equity in the property is fully exempt. (see exemptions).† However, some of your creditors may have a "security interest" in your home, automobile or other personal property.
This means that you gave that creditor a mortgage on the home or put your other property up as collateral for the debt. Bankruptcy does not make these security interests go away. If you do not make your payments on that debt, the creditor may be able to take and sell the home or the property, during or after the bankruptcy case.
There are several ways that you can keep collateral or mortgaged property after you file bankruptcy. You can agree to keep making your payments on the debt until it is paid in full (see reaffirmation). Or you can pay the creditor the amount that the property you want to keep is worth.
In some cases involving fraud or other improper conduct by the creditor, you may be able to challenge the debt. If you put up your household goods as collateral for a loan (other than a loan to purchase the goods), you can usually keep your property without making any more payments on that debt.
Law Office of Donald L Fritzen * 421 East Fremont Street * Laramie, Wyoming 82072 *-(307)745-7091
Donald L. Fritzen
Wyoming Bankruptcy Attorney
Frequently Asked Questions