Chapter 7 Bankruptcy FAQ #24

Will a person lose all of his or her property if he or she files a Chapter 7 case?


Usually not. Certain property is exempt and may not be taken by creditors unless it is encumbered by valid mortgage or lien. A person is usually allowed to retain his or her unencumbered property in a Chapter 7 case. A person may also be allowed to retain certain encumbered exempt property (see question 34). Encumbered property is property against which a creditor has a valid lien, mortgage or other security interest.

© 2011 Winsor Law Group. All Rights Reserved.
Back to page top