oiseeyuronhere said:The aprasial value of my fathers house is $30,000.00 he owes about $26,000 and I believe my name was only put, well I've never actually seen my name on the deed but the new tax bill comes in my fathers name and my name
The 4K in equity would be exempt in a bankruptcy, even though your 'share' of that equity would not be the full amount.
I have a 2000 chevy malibu that I bought for about 13,000.00 and owe about 8,000 on still and my name is also on my fathers Harley davidson loan and title. I was a co signer on the bike loan for $15,500, and he owes about $4500 on that loan. Again my name was put on the bike title to avoid anything when my father should pass away.
The actual VALUE on the Malibu is going to be much less than the 13K you bought it for. Chances are, owing 8K on it you may even be upside down on it -- meaning no equity. You need to get at least a trade-in value on it. Exemption for a vehicle in bankruptcy in NY is $2400 (Debtor & Creditor 282(3)(iii)).
The bigger problem here is that Harley. With that much equity, it will be exposed to siezure. The only thing that *might* save it is HOW its titled - Christine AND Dad, vs. Christine OR Dad. Only a competant bankruptcy lawyer can tell you what the risk is on the bike.
Will my father loose any of his property or personal possessions??
If YOU file for bankruptcy, they cannot touch any of your father's personal property, it's his, not yours. Again, the Harley could be an issue. Best to get a trade-in value on that too, just in case and verify EXACTLY how its titled. Its POSSIBLE that if its titled with You AND Dad, meaning BOTH signatures are required to sell it, a Trustee may not be able to touch it.
With only 4K in equity, the house is pretty safe IF your name is on the deed. You should also get a quote from a real estate agent on the house, including selling fees as that amount reduces the amount of profit (if any) that would be realized from a sale. Ask a R.E. agent for a 'walk away' price on the home. A Trustee would be after a quick sale, and usually would get less than you would if you had lots of time to sell the property, they want to turn it over quickly for the cash.