Will I Lose My House If I File Chapter 7 in California?

Facing debt while worrying about your home can feel overwhelming, especially in California where home equity and property rules are unique. Will you lose your house if you file Chapter 7 in California? In many cases, you can keep your home if you file Chapter 7 in California, provided your equity is within the state’s homestead exemption limits and you can continue making mortgage payments. If you are current on your mortgage payments, you are likely to keep your home in Chapter 7 bankruptcy.

If you want clear answers about your bankruptcy situation, reach out today at 877-586-1829 to connect with an experienced California bankruptcy lawyer. We have helped over 10,000 people over the past 15 years secure their rights and move forward

In this article, you will learn how Chapter 7 impacts your home, how the California homestead exemption works, the role of liens and mortgage payments, advanced planning considerations, the Chapter 7 timeline, practical steps to protect your home, and alternatives to consider if you are behind on payments.

What Is Chapter 7 Bankruptcy in California?

Chapter 7 bankruptcy allows you to eliminate qualifying unsecured debts while protecting exempt assets under California law. It involves liquidating non-exempt property, but many homeowners retain their homes by using exemptions strategically and maintaining mortgage payments.

Many bankruptcy filers are pleased to discover how much property they can retain while discharging their debts. This process typically takes 4-6 months, providing a fresh financial start while stopping most collection actions.

How Does Filing Chapter 7 Impact Your Home?

Whether you keep your home under Chapter 7 in California depends on:

The amount of equity in your home.
Your ability to stay current on mortgage payments.
Whether your home equity is fully covered by the homestead exemption.
Any liens or second mortgages on the property.
The trustee’s evaluation of whether selling your home would benefit creditors. In Chapter 7 bankruptcy, the trustee may sell your home if its equity exceeds the exemption limit.

If your home equity is fully exempt and you can continue mortgage payments, you can usually keep your home. You often won’t lose your home in bankruptcy if you keep up with mortgage payments.

Understanding the California Homestead Exemption

California offers a dynamic homestead exemption, adjusting annually based on county median sale prices. For 2025, the exemption ranges from $349,000 to $699,000 depending on your county and property value. In California, the Homestead Exemption can cover equity in a primary residence up to a maximum of $722,502, depending on the county’s median home price. Key points:

If your equity falls below the exemption amount, your home is protected.
If your equity exceeds the exemption, the trustee may sell the property, pay you the exempt amount, and use the remaining proceeds to pay creditors.
This exemption applies only to your primary residence.

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Can You Keep Your Home If Behind on Payments?

Chapter 7 does not stop foreclosure if you are behind on mortgage payments and unable to catch up. In Chapter 7 bankruptcy, if you cannot keep up with mortgage payments, you will likely lose your house. Your mortgage lender can foreclose on your property if you fall 90 days or more behind on your mortgage payments. If you want to keep your home while filing:

Stay current on your mortgage.
Work with your lender on repayment or modification.
If you are behind, consider Chapter 13 bankruptcy to protect your home while catching up on arrears over time. If you fall behind on payments during bankruptcy, your lender may initiate foreclosure proceedings.

How Liens and Property Taxes Impact Your Home in Chapter 7

Liens and property tax arrears can affect your ability to keep your home. Key considerations:

Tax Liens: May survive Chapter 7 and remain attached to your home.
Judgment Liens: May be removed if they impair your homestead exemption.
Property Taxes and HOA Fees: Remaining current on these is essential to avoid foreclosure risk.
Second Mortgages: May complicate planning; consult your attorney to evaluate how these affect your home’s equity and your filing strategy.

Advanced Planning Before Filing Chapter 7 in California

To protect your home, take these steps before filing:

Calculate Your Equity: Market value minus mortgage and liens.
Review County Exemption Limits: Confirm your equity falls under the homestead exemption.
Confirm Payment Ability: Ensure your mortgage and tax payments can continue.
Evaluate Liens: Identify liens that may survive bankruptcy.
Consult a Bankruptcy Attorney: Review strategies to maximize exemption protection.
Consider Timing: Waiting until equity is protected under updated exemption amounts may be beneficial.
Document Home Repairs: If home value concerns exist, document needed repairs to support lower valuations.

Practical Example: Protecting Your Home in Chapter 7

Example: A couple in Los Angeles has a home valued at $650,000 with a mortgage of $400,000, leaving $250,000 in equity. Since the county’s homestead exemption is higher, they can keep their home while eliminating $75,000 in credit card and medical debt, provided they remain current on mortgage payments.

Alternatives to Chapter 7 If You Want to Keep Your Home

Chapter 13 Bankruptcy: Protects your home while allowing you to catch up on mortgage arrears over 3-5 years. Chapter 13 bankruptcy allows you to keep your home while repaying debts through a court-approved plan, and does not require selling the home for non-exempt equity.
Loan Modification: May lower payments to prevent foreclosure.
Forbearance Agreements: Can temporarily pause payments.
Debt Settlement: Free up cash flow to pay mortgage while reducing unsecured debts.

Timeline for a Chapter 7 Case Involving Your Home

Pre-Filing Preparation: 2-4 weeks.
Filing and Automatic Stay: Stops most collection activities.
341 Meeting: Occurs 30-45 days after filing.
Discharge: Typically 60-90 days after the 341 meeting.
Case Closure: Around 4-6 months from filing if no complications arise.

Next Steps to Protect Your Home While Seeking Debt Relief

If you are struggling with debt but want to keep your home, filing Chapter 7 in California may help you eliminate unsecured debts while protecting your property if your equity is within the homestead exemption and you can continue mortgage payments.

At Kostopoulos Bankruptcy Law, we help California homeowners navigate the complexities of bankruptcy while protecting what matters most. We will assess your home equity, mortgage situation, and financial goals to determine the best path forward for your family. An experienced bankruptcy lawyer can help you retain property during bankruptcy proceedings.

Call (877) 969-7482 or visit Kostopoulos Bankruptcy Law to schedule your confidential consultation.

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Frequently Asked Questions

Will I lose my house if I file Chapter 7 in California?

Not if your equity is within the California homestead exemption and you remain current on your mortgage.

What if my home equity is above the homestead exemption?

The trustee may sell your home, pay you the exempt amount, and use the rest to pay creditors.

Can Chapter 7 stop foreclosure in California?

It may temporarily delay foreclosure, but if you are behind on payments, it does not permanently stop foreclosure.

Can I keep my home if I am behind on payments?

Chapter 7 is not ideal for catching up; consider Chapter 13 bankruptcy instead.

Will liens remain after Chapter 7?

Some liens, like tax liens, may remain; consult your attorney for lien planning before filing.

Should I hire a bankruptcy attorney to protect my home?

Yes, an attorney can help you apply exemptions effectively and protect your home while eliminating debt.