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You do not have to lose your house if you file for bankruptcy. Under Chapter 7 bankruptcy law, you are allowed to maintain a certain amount of equity in real estate. In Illinois, the homestead exemption is $15,000.00. If you are filing jointly (husband and wife), then you can protect up to $30,000.00 of equity in the property. Your attorney will advise you if the equity in your real estate property exceeds the amount that you can protect.

Under Chapter 13 law, you can keep property as you agree to repay either all or a portion of your debt over a three to five year period. You can also decide to surrender property and pay it back at less than in full. The amount and percentage that needs to be paid back is based upon your income, expenses, your assets and your liabilities.

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11y ago

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