Dickerson & Smith Law Group Attorneys and Counselors at law
  • Home
  • Firm Overview
    • David D. Dickerson Jr.
    • P. Todd Sartwell
    • David William Mettler
    • Michael Thomas Pallai
    • Samantha M. Barnett
    • David D. Dickerson Sr.
      (In Memoriam)
    • William B. Smith
      (In Memoriam)
  • Practice Areas
    • Bankruptcy
    • Business & Commercial Law
    • Car Accidents
    • Criminal Law
    • Employment Law
    • Estate Planning, Probate & Elder Law
    • Family Law
    • Military Law
    • Personal Injury
    • Real Estate Law
    • SSDI And SSI
    • Workers’ Compensation
  • Blog
  • Contact
Call Our Team Today: 757-828-0031
Dickerson & Smith Law Group Attorneys and Counselors at law
  • Home
  • Firm Overview
    • David D. Dickerson Jr.
    • P. Todd Sartwell
    • David William Mettler
    • Michael Thomas Pallai
    • Samantha M. Barnett
    • David D. Dickerson Sr.
      (In Memoriam)
    • William B. Smith
      (In Memoriam)
  • Practice Areas
    • Bankruptcy
    • Business & Commercial Law
    • Car Accidents
    • Criminal Law
    • Employment Law
    • Estate Planning, Probate & Elder Law
    • Family Law
    • Military Law
    • Personal Injury
    • Real Estate Law
    • SSDI And SSI
    • Workers’ Compensation
  • Blog
  • Contact
Email
CALL

Over 100 Years Of Collective Experience

  1. Home
  2.  | 
  3. Firm News
  4.  | 
  5. Do you automatically lose your home if you file for bankruptcy?

Do you automatically lose your home if you file for bankruptcy?

On Behalf of The Dickerson & Smith Law Group | Aug 18, 2021 | Firm News |

When you lose control of your finances, you may start thinking about bankruptcy and whether filing for it might help you find some relief. However, you may also have concerns about how doing so impacts other areas of your life, such as your home.

If you own your home, you may have specific fears about whether you might lose it once you file for bankruptcy. However, there is no single yes-or-no answer to this question. Instead, it depends on certain variables, including what type of bankruptcy filing you make.

Chapter 7 bankruptcies

If you file for Chapter 7 bankruptcy, there is a chance you may have to turn over your home to pay back your creditors. However, this is not definite and depends on how much non-exempt equity you have in your home and whether you are current on your mortgage payments. If the equity you have in your home is fully exempt, you may be able to hang on to it despite filing for Chapter 7.

Chapter 13 bankruptcies

The odds of you being able to keep your home often improve if you file for Chapter 13. With a Chapter 13 bankruptcy, you restructure your existing debts so that you are able to manage them and pay back at least some of what you still owe. If you stick to your payback plan and keep up with your mortgage payments, your home typically remains safe.

Sometimes, it makes sense to turn over your home during a bankruptcy filing, even if circumstances do not force you to do so. Whether this makes sense might depend on how much your home is worth and how much you still owe on it, among other considerations.

Recent Posts

  • The dangers of internal injuries after a car accident
  • What if my spouse hides assets during our Virginia divorce?
  • What are the witness requirements for a Virginia will?
  • How long does it take to complete Chapter 13 bankruptcy?
  • Third-party liability: What if a rideshare driver hits you?

Categories

  • Bankruptcy
  • Car Accidents
  • Construction Accidents
  • Divorce
  • Drunk Driving Accidents
  • DWI
  • Estate Planning
  • Firm News
  • Motorcycle Accidents
  • Probate
  • Real Estate Transactions
  • Residential Real Estate
  • Shipyard Injuries
  • SSDI / SSI
  • Truck Accidents
  • Uncategorized
  • Workers' Compensation

Archives

American Bar Association
Virginia State Bar 1938
Virginia Beach Bar Association
Virginia Trial Lawyers Association
Federal Bar Association Org. Jan. 5th 1920
The American Trial Lawyers Association

Contact Us For All Legal Matters
Big And Small

 

Partner with a team of advocates you can depend on. Get started today.

Dickerson & Smith Law Group Attorneys and Counselors at law

Office Address

115 South Lynnhaven Road
Suite 100
Virginia Beach, VA 23452

  Viginia Beach Office

Phone Number

757-828-0031
  • Follow
  • Follow
  • Follow

© 2026 Dickerson & Smith Law Group • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw

Dickerson & Smith Law Group is a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

Review Us