If you bought your home within the last 39 months or so, federal law may limit the amount of state-law homestead exemption you can use. Protecting your assets is one of the most important goals in bankruptcy. And your home is often your most important asset to protect. There’s federal ... Read More »
The Homestead Exemption Cap
Bankruptcy law sets a maximum dollar amount of protection for your recently-bought home, but this really applies only to certain states. Our last blog post a couple days ago was about protecting retirement funds in bankruptcy. Today’s is about protecting your home, specifically if you bought ... Read More »
A Fresh Start for Your Home Partly Encumbered by a Tax Lien
Chapter 13 handles a tax lien on a home especially well when the home has enough equity to cover some but not all of the tax lien amount. In our last two blog posts we dug into tax liens, and we do so one more time today. Two blog posts ago it was about tax liens that have no equity at all to ... Read More »
A Fresh Start for Your Home Equity Encumbered by a Tax Lien
A tax lien encumbering the equity in your home is dangerous. Chapter 13 takes away the danger. If the IRS or your state tax collector records an income tax lien against your home, and you want to keep the home, sometimes through bankruptcy you don’t have to pay the tax. If ... Read More »
A Fresh Start with an Income Tax Lien on Your Home
You owe income taxes, and now the IRS or state has recorded a tax lien on your home. Chapter 13 may get rid of both the tax and the lien. Income Taxes that Can Be “Discharged” (Legally Written Off) If you owe an income tax debt, it can be discharged like most other debts. The tax ... Read More »
A Fresh Start with the Child or Spousal Support Lien on Your Home
The good news is that if you are behind on child or spousal support, with a resulting lien on your home, you can safely protect that home. If you are behind on your support payments, your ex-spouse and support enforcement agencies have tremendous tools to use against you to try to force you ... Read More »
A Fresh Start with Unpaid Property Taxes on Your Home
Falling behind on property taxes is dangerous, and scares your mortgage lender. Bankruptcy can help you deal with both. Is Chapter 7 “Straight Bankruptcy” Enough Help? It possibly can give you enough of a fresh start with your other debts so that you can catch up on your property ... Read More »
The Judgment Liens that Can Be “Avoided” from Your Home’s Title
Bankruptcy can’t get rid of most creditor liens on what you own. But judgment liens on your home are an exception. Our last blog post was about judgment liens, why they are so dangerous, and how both Chapter 7 and 13 types of bankruptcy can deal with them. Today’s blog post ... Read More »
A Fresh Start by “Avoiding” a Judgment Lien on Your Home
Bankruptcy doesn’t just give you a fresh start by writing off debts. It frees up your home by often getting rid of its judgment liens. Writing off debts is good. But if a creditor got a judgment against you, and you own a home, most likely that debt has also turned into a ... Read More »
A Fresh Start by “Stripping” Your Second Mortgage
Stripping your second mortgage could give your home the very best fresh start by saving you a tremendous amount of money. If You Can’t Afford the Monthly Payments on Your Home Last week we compared three ways to save a home in which you’re behind on your mortgage payments: ... Read More »
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