cancel
Showing results for 
Search instead for 
Did you mean: 

Whether or not to use a HELOC

tag
ocheosa
Valued Contributor

Re: Whether or not to use a HELOC


@coldfusion wrote:

I'd suggest you take a very thorough look into the federal and ESPECIALLY your state's homestead exception laws including how having taken on debt via tapping into a HELOC impacts the laws ability to protect the asset against creditors.  That also includes understanding what if any differences in protection exist depending on how the ownership was structured (joint tenancy? etc) if only 1 vs both of you ended up filing for BK.  


 

"I would have written a shorter letter, but I did not have the time," -Blaise Pascal  Smiley Embarassed

 

Agree with @SouthJamaica and @coldfusion ,

 

Before making any moves I would recommend having a frank conversation with a good BK Attorney. (Research Attorneys in your area to find one with good reputation/experience. Not all are the same.) 

The first questions that come to mind are:

- The value/equity in your home? I'm assuming by the HELOC you have a good amount of available equity.

- House Paid, comfortable P&I pymts or underwater?

- Was the debt personal and/or business?

    (many SMB owners incurred a lot of personal debt to get through the pandemic)

- Other than mortgage and vehicles is your household sitting on major assets?

    not including retirement investments.

 

Given you are asking about moving 100k worth of unsecured debt to secured debt, I can only assume the debt exceeds available liquid assets.

Because of this, I would seek relief. Chap 7 if you meet the means test. If not either a Chap 13/7 or Chap 13. You can always reaffirm mortgage and car loans.  If mortgage underwater, you can also contemplate a loan modification and refi later if needed.

 

My thinking is the 100k you are contemplating repaying would slash a good chunk of mortgage and/or car loans and give you a fresh start. Rebuilding credit doesn't take as long or hold the same stigma as it did in my day, many are back in a semi decent position in 5+ years. Given the pandemic and current state of economy, there is a large percentage of americans in financial duress. If there was ever a time to declare bankruptcy it would be over the past few years. Good luck in whatever remedy you choose.

 

TDLR - Seek legal advice!

[11/25] Scores 8/9: 7-800s. Util: ≤ 1%. AoOA: 18.4y, AoYA: 1y. New Acct: 0/12, 1/24. Inq/12: EQ 0, EX 0, TU 0.
TCL $706K: Personal $575K, Business $131K.
Message 11 of 11
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.