Скачать или смотреть How To Get The Full Homestead Exemption Benefit With California Bankruptcy Lawyer Nicholas Gebelt

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Law Offices of Nicholas Gebelt
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Make sure you're entitled to the entire homestead exemption. You must have acquired the property. If you lived in the property for 20 years because it was your parents' house, they died, you inherited it, and you've only owned it for a year, that's not going to work.

You must have owned the property for 1,215 days to file Chapter 13. Unless you have very little equity because the mortgage dwarfs the property's value, you probably want to wait the entire 1,215 days and then file on day 1,216.
That kind of thing is down to the day. You want to get a copy of the recorded grant deed to ensure the date you acquired the property was recorded with the county recorder's office.

What if you've been convicted of one of those felonies mentioned in Section 522 of the Bankruptcy Code?

You might want to wait five years to elapse to get the full benefit. If you don't wait, you only get the significantly reduced homestead. You might have a percentage plan close to or at 100% because that Chapter 7 liquidation requirement must be met.

Your non-exempt equity, or the non-exempt value of all of your possessions, will determine whether some possessions are completely exempt or partially exempt. Whatever that dollar value is, it becomes the floor for the Chapter 13 plan. If you don't exceed 100%, the plan will never pay back more than 100%. We want to maximize the benefit by ensuring you get the maximum equity exemption.

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