Can i file for bankruptcy without it affecting my father?

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I had a stroke and have no income my name is on the house with my dads.

Attorney Answers

3
Deborah Bowinski ·
It may depend upon how much equity there is in the house. You should consult with a bankruptcy attorney in your area to evaluate your situation.
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Damon Terry DuncanChapter 7 Bankruptcy AttorneyGreensboro, NC ·
As Deborah mentioned, it will depend upon several factors. First, you would want to determine the amount of equity in your house. You may can typically exempt of to $35,000 of equity in your name. in other words, if it is just you and your father then you would need to protect your one half interest in the property. You would want to determine how much equity that is and use your homestead exemption to protect as much as possible, if not all, of the equity. This is the homestead exemption. Second, if your names are on the house and both of your names are on the mortgage(s) and you choose to surrender the house then they could go to your father for payments on the mortgage(s). To best answer your questions you would probably want to sit down with someone and discuss your different options because there are a lot of variables in your situation. Damon Duncan Greensboro, NC Bankruptcy Lawyer Duncan Law, PLLC 628 Green Valley Rd. Suite 304 Greensboro, NC 27408 (336) 856-1234 http://www.DuncanLawOnline.com
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Peter Walter WestonBankruptcy AttorneyBellaire, TX ·
As my colleagues have said, the question of exemptions should be determined, as to the house. More information is needed to see if your filing would affect your father. For example, any accounts, such as medical admissions agreements or credit cards which list him as a responsible party, will become his sole responsibility if you file chapter. You would benefit from conferring with an experienced bankruptcy attorney to review your financial situation.
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