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    July 2009
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Should You Keep the House

Bankruptcy decision, Life after bankruptcy, Real property & mortgages

The usual question for a bankruptcy attorney is “can I keep the (fill in the blank)”. Whether it’s a house, or a car, or a computer, clients want to know if filing bankruptcy will strip them of their “stuff” bought on time. Frequently the answer is that they can keep the asset as far as the bankruptcy system is concerned.

Whether they should keep the property is another question that I want to raise. Jed Berliner suggests that homeowners with recent adjustable rate mortgages may have no equity to preserve and would be better off letting the house go.

I would expand the analysis: if the choice is to pay $900/month to keep the current car on which you owe more than it’s now worth, what is point in keeping it? I wish for my clients a truly fresh start with living expenses they can afford. Paying more than something is worth clouds that fresh start.
It’s tough to surrender your purchases, but having filed bankruptcy should bring more clarity to financial considerations.
Paying more than the house or the car is worth may not be the wisest choice.

2 Comments

2 Responses

  1. paying off mortgage early  •  August 26, 2007 @10:59 am

    paying off mortgage early…

    Thank you for putting your thoughts to paper and I thank your relatives for turning them into this blog!…

  2. bankruptcy attorney  •  September 12, 2007 @11:23 pm

    bankruptcy attorney…

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