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The attorneys with Zelenitz, Shapiro & D'Agostino discuss whether or not you can keep your home when you file for bankruptcy in Queens.
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Can I Keep My Property In case I File A Bankruptcy?
In case I File A Bankruptcy? Announcing bankruptcy might be a hard and confusing phase of your life. You are not only worried regarding your funds but are also stressed regarding your house. Your house is the most important asset and a main investment. Queens Bankruptcy Attorney David Shapiro reveals invaluable details on this. Considering that, you should be aware of the scenario and the possibilities if you will be permitted to keep your property after bankruptcy. While almost all people can continue to keep their houses once they file bankruptcy, there are several who aren't. There are particular aspects that settle if you can keep the home in bankruptcy proceedings.
In case I File A Bankruptcy? There are 2 types of bankruptcies to pick from, the first is chapter 7 and another is Chapter 13. The aim of a bankruptcy is to offer you a fresh start in life. The federal and state governments provide some exceptions so that you do not feel disadvantaged. Whether you apply for Chapter 7 or maybe Chapter 13 bankruptcy, as per lawyer David Shapiro, Chapter 13 is any day a much better option, as it allows one to keep your home regardless of the equity. In addition, it's possible to also catch up with the missed mortgage payments. The regulations are rigid and less flexible in case of Chapter 7 exceptions. However, there are additional necessary aspects which come into play apart from the kind of bankruptcy you file for.
In case I File A Bankruptcy? Zelenitz Shapiro & D'Agostino P.C. claims that there are tactics in which a person can keep their house with chapter 7. However, it depends on certain elements such as how far behind they are on their mortgage repayments whether they can exempt all their home equity and exactly what junior liens they will prefer to eliminate. Equity is the value of your home in the real estate and after reduction of the home equity loans and mortgage loans. Because a lot of the bankruptcy filers carry hardly any negative equity, there's no need to sell off their properties in the bankruptcy proceedings. However, one could be required to sell their home in case the equity is beyond the exemption limitation.
In case I File A Bankruptcy? An individual is able to keep the house throughout the complete bankruptcy process if perhaps they are able to pay for their home loan. As soon as you are freed from all of the debt, it may perhaps be simpler to pay off those mortgage quickly. Therefore, you can be able to keep your property. But, in case you are struggling to pay off the mortgage loan, the bank can foreclose on your property. So as to pay basic unsecured lenders, the trustee would probably first observe how to liquidate your nonexempt asset. A mortgage loan provider is a reliable loan company having a lien on your house, and this lien should be paid back first if the house gets sold off. You haven't any equity if the mortgage is greater than the valuation of your property.
In case I File A Bankruptcy? Bankruptcy lets an individual to walk away simply from their house and without any additional charges or effects. It would be easier to get their funds in order with no worries of paying the mortgage loans. An individual should assess the situation carefully before taking any kind of decision, according to lawyer David Shapiro.
In case I File A Bankruptcy? Zelenitz, Shapiro & D'Agostino, P.C. 138-44 Queens Boulevard Queens, New York 11435 (718) 599-1111 https://www.youtube.com/watch?v=Xb9WR0W2FPU