One of the most persistent concerns expressed by those considering filing either Chapter 7 or Chapter 13 bankruptcy is the potential to lose most, if not all, of their assets. Often, the thing that those who are contemplating filing are most concerned about is their home. After all, a home is not only where you and your family live, it also represents your biggest investment.
The answer is complicated. Generally speaking, student loans are exempt from bankruptcy discharge unless the borrower can show undue hardship and the onset is caused by some exceptional circumstances such as a serious illness or permanent disability.
In a Chapter 7 bankruptcy, not all property is subject to liquidation in order to pay creditors. Both federal bankruptcy law and Pennsylvania law provide for exemptions for various kinds of property, but before you can use them to best advantage you need to understand not only what they are but how they can be applied.
Pennsylvania residents who are seeking to file chapter 7 bankruptcy to help eliminate some of their outstanding debts have many concerns. One of their top concerns is often their property and home. They do not want to risk losing everything that they have due to financial hardship, and a home often holds more meaning than any other asset. There is a way that you can protect equity when filing for chapter 7 bankruptcy; this is known as the “homestead exemption.”