bankruptcy - state of hawaii

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Latest post 11-04-2009 8:29 PM by Kivi. 2 replies.
  • 11-04-2009 7:34 PM

    bankruptcy - state of hawaii

    I am considering filing for bankruptcy - I have collectively between me and my husband close to $50k in credit card debt.  We live in our house - balance due on mortgage is $350,000 - we want to continue living in our house and do not want to jeopardize&nbs... equity in the house - we bought for 720k about 8 years ago.  Will we loose our house or risk the mortgage holder demanding payment if we file?  I also have student loans that I would like to pay off - I read that student loans and mortgages for primary residence is not affected as long as we continue paying - can you verify this?

    Secondly - we have started a new business - set up as an LLC in the state of Hawaii - we do not want our personal filing to affect our business.  Can you tell me if this will be affected?

     

    thanks in advance for your assistance

  • 11-04-2009 7:53 PM In reply to

    Re: bankruptcy - state of hawaii

    Sorry, but with 300,000 equity in your house, the bankruptcy court will very likely make you sell the house to pay off your creditors.

    So you probably don't qualify for bankruptcy with that much equity.

    An LLC protects your personal assets from claims against the LLC, not the other way around.

    Since the LLC is an asset you own, it's also subject to liquidation to pay your debts (to the extent that it is worth any money).

    Consult a bankruptcy attorney.

     

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  • 11-04-2009 8:29 PM In reply to

    Re: bankruptcy - state of hawaii

    You may need to consider a chapter 13 repayment plan rather than a chapter 7 complete discharge.

    Not everyone pays 100% of what they owe in a chapter 13.

    Discuss the possibilities with a BK attorney.

     

    It is unlikely, however, that the homestead exemption in HI is 300k.

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