Keeping Your Vehicle and Home in a Bankruptcy

Keeping Your Vehicle and Home in a Bankruptcy

1.  Nevada Homestead Exemption: Bankruptcy laws often provide a homestead exemption that allows you to retain some or all of the equity in your primary residence.  Nevada's Homestead is very generous!

2. Automatic Stay: When you file for bankruptcy, an automatic stay goes into effect, which halts foreclosure proceedings and gives you time to catch up on missed mortgage payments.

3. Car Exemption: Bankruptcy laws typically include a car exemption, which allows you to keep your vehicle.

4. Redemption Option: In some cases, you may be able to redeem your car by paying its current fair market value instead of the outstanding loan balance.

5. Chapter 13 Bankruptcy: Under Chapter 13, you can create a repayment plan that allows you to catch up on missed mortgage or car payments over a specified period while retaining both assets.

6. Loan Modification: You may be able to negotiate a loan modification with your mortgage lender, which can help lower your monthly payments and make them more affordable.

7. Exempt Property: Certain property, including household goods and personal belongings, may be considered exempt and protected from liquidation during bankruptcy.

8.  Equity Consideration: If the equity in your house or car is within the allowed exemption limit, it is less likely to be at risk during bankruptcy.

9. Negotiation with Creditors: You can work with your mortgage lender or car loan provider to negotiate a repayment plan that accommodates your financial situation.

10.  Asset Protection Strategies: Consulting with a bankruptcy attorney can help you explore legal strategies to protect your house and car during bankruptcy.

11. Exemptions for Necessary Assets: Bankruptcy laws often provide exemptions for assets necessary for your work, such as tools or equipment, which may include a vehicle.




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