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What Will Happen to My Home in Bankruptcy

    Whether you can keep your home if you file bankruptcy in California depends on the type of bankruptcy you file and the exemptions available under California state law.

    If you file for Chapter 7 bankruptcy, you may be able to keep your home if its value is fully covered by the homestead exemption under California law. The homestead exemption in California allows a person to protect a certain amount of equity in their home from creditors. However, if you have a mortgage on your home and you are behind on your payments, the lender may still be able to foreclose on the property, even if you file for Chapter 7 bankruptcy.

    If you file for Chapter 13 bankruptcy, you can keep your home as long as you continue to make your mortgage payments and follow the terms of your repayment plan. In a Chapter 13 bankruptcy, you may also be able to catch up on missed mortgage payments over the course of the repayment plan.

    It is recommended to consult with a bankruptcy attorney to determine the best course of action for your specific situation.