QUESTION
Can I sell my house if my bankruptcy was discharged five years ago?
Asked on Nov 29th, 2016 on Bankruptcy - California
8 ANSWERS
Yes, assuming you did not sign a stipulation with the Chapter 7 Trustee stating something to the contrary.
Answered on Jan 23rd, 2017 at 6:24 AM
The bankruptcy should not prevent you from selling your house, but there may be plenty of other barriers to selling.
Answered on Jan 17th, 2017 at 7:18 AM
Yes, if your bankruptcy is completed there is nothing that prevents you from being able to sell any of your property.
Answered on Jan 17th, 2017 at 7:18 AM
1 Award
Yes. But if you have any reason to believe the case is still open (A case can be discharged but still open) then you need to check with your attorney or the trustee. You can call the court and find out if a case is still open.
Answered on Jan 16th, 2017 at 11:43 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
at
Ronald K. Nims
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Certainly, once a bankruptcy is discharged and the case closed, there are no restraints on your actions.
Answered on Jan 16th, 2017 at 11:42 AM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
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To my mind the question is why might you not be able to sell your house 5 years after the discharge? Presumably you have title to the home, subject only to any mortgage and unpaid taxes. If you have been making regular payments on the mortgage they should not be any big surprise as to the payoff number. And if you did not reaffirm the mortgage note, then the underlying debt is discharged anyway. Since there are many facts which could make a difference, I suggest you contact the lawyer who represented you in the bankruptcy case-or consult a lawyer who can sit down with you and review the whole situation.
Answered on Jan 16th, 2017 at 10:26 AM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
Yes, you can, but I would be careful about keeping profits from Sale without paying off the Mortgage.
Answered on Jan 16th, 2017 at 10:24 AM