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Can I lose my home after filing for bankruptcy?

On Behalf of | May 21, 2024 | Business Bankruptcy, Chapter 11, Chapter 7 |

For property owners, filing for bankruptcy may sound scary. This process helps address overwhelming debt by organizing assets and paying off creditors while receiving the court’s help to determine relief options through discharges and other arrangements. This process usually has varying rules, depending on what type of bankruptcy applies to you. If you own your home, you may feel anxious about whether you will lose it because of debt. This issue can be more complex based on the situation.

Receiving homestead protection

If you own your home and have no other properties to serve as your primary residence, you may be afraid to lose it during bankruptcy. Fortunately, Florida has laws protecting your home from repossession. Homestead protection, which usually applies to unsecured creditor claims, may also take effect during bankruptcy proceedings.

These state provisions also have broad protections, helping you keep your home during this challenging time. However, they may only apply to specific property types. If it is a mobile home or other non-traditional types of shelter, you may require legal guidance to determine if it will receive homestead protection. Different circumstances can also have legal implications, further complicating the case.

Understanding what happens during bankruptcy

The bankruptcy process should be an option to help alleviate grave financial burdens that became too much for you to shoulder, not make you homeless. To fully understand what happens during bankruptcy and how it will affect you, consider consulting an experienced legal professional even before filing the petition. Taking this route may seem too much, but doing so has other benefits, such as learning about other legal remedies and whether bankruptcy alternatives could suit your needs.