The North Carolina Bankruptcy Information Blog

Amid the lingering housing crisis, full of fraudulent foreclosures and missed mortgage modifications, many disenfranchised Americans have turned to renting to keep a roof over their heads, and their heads above financial water.  Yet, even in a period where renting can be financially friendlier than owning,  conscientious and reasonable renters continue to face this tough economy head-on…in the form of foreclosure notices?

That’s right. According to a recent report by AOL’s DailyFinance, even renters are being threatened by the meteoric rise in foreclosures with lenders actually tacking eviction notices to their rental doors.  “At the start of the recession, reports of renters being blindsided by foreclosure notices were not unusual.…

In this underwater housing market, the old adage that renting a home is the same as throwing your money away can be grossly inaccurate. In many cities, from San Francisco to Dallas to New York, “price to rent” ratios make leasing property a no-brainer. But now, even smaller cities like Omaha, Oklahoma City and Kansas City appear on top ten lists of places better to rent than own.

Yet, even in a period where renting can be financially friendlier than owning, many renters continue to face this tough economy head-on, with no chance of home equity to afford them a substantial bailout.…

Many of our clients automatically assume they will lose their rental property if they file for bankruptcy. Isn’t that the whole idea of bankruptcy? That you give up everything you have, with a few exceptions, in exchange for getting the debt collectors off your back?

Well, no. Many factors come in to play in determining whether or not you will be forced to sell your rental property, including whether you file chapter 7 or chapter 13, how much money you owe on the property and how much income you receive from it.

Let’s start with chapter 7. If you file chapter 7, you get an exemption for the equity in your primary residence – how much depends on the state you live in – but rental property doesn’t qualify for the standard residence exemption.…