Last updated September 18, 2026
Short answer
Alabama protects a qualifying homestead up to the limits in § 6-10-2 and related sections. A mortgage still has to be paid or cured. A judgment lien that impairs the homestead may be avoidable under federal § 522(f). Rural vs. city acreage rules are in the statute—read it.
Homestead is the most important Alabama exemption for homeowners. It is not unlimited. Equity is value minus mortgages and other liens. If equity exceeds the homestead, Chapter 7 can put the house at risk or require a buy-back; Chapter 13 can sometimes pay the excess. Compare keeping a house.
How Brock & Stout can help
We review the deed, mortgages, and likely equity against § 6-10-2, then recommend a chapter. We cannot guarantee the house will be kept.
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Frequently asked questions
No. Homestead limits what unsecured creditors and the trustee can reach. The mortgage lien remains until paid, released, or otherwise resolved.
Related resources
- Alabama Bankruptcy Exemptions — Alabama Bankruptcy Exemptions
Alabama debtors generally claim exemptions under Title 6, Chapter 10, not 11 U.S.C. § 522(d). Homestead and personal-property statutes are the core. Some federal exclusions still apply. Amounts change—read the current Code section rather than a reprinted figure.
- Alabama Foreclosure and Bankruptcy — Alabama Foreclosure and Bankruptcy
Alabama often uses non-judicial foreclosure under a mortgage power of sale. Notice and publication rules are in Title 35, Chapter 10. Bankruptcy can stay a sale that has not been completed. Georgia’s confirmation-of-sale requirement is **not** Alabama law.
- Can I Keep My House If I File Bankruptcy? — Can I Keep My House If I File Bankruptcy?
Many people keep their home. That depends on mortgage payments, equity versus the homestead exemption, and whether Chapter 13 is needed to catch up arrears. A discharge of credit-card debt does not erase the mortgage lien.
Not sure whether Chapter 7 or Chapter 13 fits?
We can review your debts, assets, and goals and explain options that may be available under current law.
This page is general educational information about bankruptcy as of the date shown. It is not legal advice, does not create an attorney-client relationship, and does not guarantee results. Outcomes depend on individual facts and current federal and state law. We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
