Can I Keep My Home If I File Bankruptcy?

There is a lot of misinformation about whether you can keep your home when you file bankruptcy. The truth is, depending on how much equity you have in your home, bankruptcy may be the best way to save it.

I am Cherry Hill, New Jersey bankruptcy lawyer Joel R. Spivack. I dedicate my entire practice to helping people seek debt relief through Chapter 7 and Chapter 13 filings. With more than 30 years of experience practicing exclusively in the area of bankruptcy law, I am in a strong position to help you protect your home.

Protecting the Equity in Your Home

Under federal bankruptcy exemptions, you are allowed to keep equity in your primary residence to a certain extent. If you file Chapter 13 bankruptcy and pay your debts off over time, you can keep all of the equity in your home.

Chapter 13 bankruptcy offers several advantages for homeowners with debt problems:

You can put mortgage arrearages in your Chapter 13 debt repayment plan and pay it over a five-year period without interest or penalties.
If you have a second mortgage and are underwater on your first mortgage, you may be able to strip the lien from the second mortgage.
By reducing other forms of debt such as credit card bills, you may find that you can more easily afford your house payments.

What If I Can’t Afford to Keep My House?

If you can’t afford your house payments, bankruptcy gives you time to consider your options. Filing bankruptcy will put an immediate stop to a home foreclosure. You can continue to live in your house for up to a year without making your mortgage payments while your bankruptcy is in process.

Filing bankruptcy will also allow you to discharge income from cancellation of mortgage debt by your lender following a foreclosure or short sale.

Schedule a Free Initial Consultation with a Cherry Hill Bankruptcy Attorney

To discuss your debt situation, call me, Cherry Hill bankruptcy lawyer Joel Spivack. You can reach me by phone at 856-488-1200, toll free at via e-mail. My regular business hours are 8 a.m. to 5 p.m., Monday through Friday, and free parking is available.

To read more about bankruptcy frequently asked questions, click here.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

Our Client Reviews on Google

Results may vary depending on your particular facts and legal circumstances.

Destiny Waller

2022-03-06

Very grateful that we hired Joel for our home purchase! He was extremely professional and made the process smooth sailing. He always responded to our questions same-day and was happy to explain the process to us several times (which we definitely needed.) We weren’t sure we needed an attorney for purchasing a home, but we saved money and stress during the negotiation process, so certainly worth it. Thank you for your help Joel!

Caius Santos

2022-02-14

If you’re considering filing bankruptcy I highly recommend you use Joel Spivack. He is knowledgeable, courteous and professional. He guided me through the process and went through smoothly without any surprises.

Joe Delia

2022-02-02

Joel has had our back on more than one occasion. He's professional and personable. I called him on a Friday after hours and he called right back. Talk about peace of mind. I didn't have to sit on a problem over the weekend. He's helped us sort out some pretty sizable problems for a very reasonable fee. Hiring him was one of the best decisions we ever made.

B Lal khan

2022-01-25

I found Mr Spivack to be an extremely intelligent and compassionate attorney who helped us through a very difficult financial time. He handled our bankruptcy efficiently and made us very comfortable with our choice to file. I also felt that his fees were EXTREMELY reasonable compared to most bankruptcy attorneys. He even offered us follow up advice after the bankruptcy, if I were to need any. I would highly recommend Mr Spivack if searching for an attorney.

B Noshn

2022-01-25

Highly Recommend, Mr Spivak helped me with a very difficult situation that I was in. From the very first meeting with him, he explained everything to me clearly. He was always available to me and always return my calls or texts promptly. He always sent me any information that he received from the courts with an explanation.

Sandra Waite

2022-01-24

Joel Spivack helped us with our recent bankruptcy and I can't say enough great things about him. He was professional, responsive to our many questions and did not make us feel bad about having to file bankruptcy. He knows everything there is to know about the laws surrounding bankruptcy and guided us through the entire process. If you want someone who knows the law and will help you every step of the way, Mr. Spivack is the person to call.

Greg Clementi

2022-01-24

Helped me every step of the way, let me know all my options

Brian Speigel

2021-11-24

Dear sir , i had a good experience with you getting it done right and helping me with the process

joseph hoffman

2021-11-13

Mr. Spivak was experienced, knowledgeable, and understanding in representing us in a closing resulting in a successful transaction. I highly recommend him.

Damiana Padilla

2021-10-16

Joel has been a life saver. He has gone above and beyond our expectations. We made the mistake of not hiring a lawyer during attorney review and once we started having issues we hired Mr. Spivack. After speaking to him we knew he would help us through the rest of the real estate transaction. Joel did not disappoint he went above and beyond and gave us piece of mind. Thank you Joel for your professionalism and proficiency, we look forward to a continuous relationship.

See my ratings and reviews on AVVO and Lawyers.com.

Joel R. Spivack

NJ & PA Consumer Bankruptcy & Real Estate Transacations Attorney

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Can I Keep My Home If I File Bankruptcy?

Protecting the Equity in Your Home

What If I Can’t Afford to Keep My House?

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