QUESTION

Do I have to sell my home if I filed a chapter 7 bankruptcy?

Asked on May 07th, 2012 on Bankruptcy - Florida
More details to this question:
I filed Chapter 7 and my credit report says that my home was on it and a 0 balance. Do I have to sell it or walk away?
Report Abuse

11 ANSWERS

Bruce Arthur Plesser
No.
Answered on May 30th, 2013 at 12:33 AM

Report Abuse
Bankruptcy Attorney serving Kalamazoo, MI at Debt Relief Law Center
Update Your Profile
In Chapter 7, if you want to keep your house, be sure to keep your house payments up to date. Most mortgage companies will not foreclosure if you are current, even if you did not reaffirm on the mortgage debt.
Answered on Jun 07th, 2012 at 2:51 PM

Report Abuse
When you file bankruptcy you list all assets and debts. You can claim your property exempt to a certain extent. If you plan to keep your property you should make sure you have properly filed your papers. Consult with an attorney.
Answered on May 18th, 2012 at 12:10 PM

Report Abuse
Bankruptcy Chapter 7 Attorney serving San Diego, CA at Law Office of Asaph Abrams
Update Your Profile
The zero balance reflects discharge of the mortgage debt. However, secured debts can still be paid off post-bankruptcy, in order to maintain the collateral, notwithstanding the discharge. Reaffirmations may be compelled (e.g. with certain vehicle finance companies, like Ford-in case you did elect to Drive One) in a minority of cases.
Answered on May 18th, 2012 at 10:38 AM

Report Abuse
In Texas, your home is exempt from the bankruptcy estate. Thus, you do not need to sell it.
Answered on May 18th, 2012 at 10:33 AM

Report Abuse
Daniel James Wilson
The credit report says zero owed because the debt was discharged. If you want to stay you have to pay the mortgage. Or you could walk away and owe nothing. Note of caution: If you have HOA dues you are responsible for post-petition dues.
Answered on May 17th, 2012 at 4:17 PM

Report Abuse
Commercial Bankruptcy Attorney serving Davie, FL at Law Office of Jeffrey Solomon
Update Your Profile
You do not have to sell your home. I assume you finished your bankruptcy and received a discharge. This means you have discharged the mortgage debt also(if you did not sign and file a reaffirmation agreement). The credit report will show no balance and included in bankruptcy. However, the bank retains its full mortgage as a lien on the property so if you don't pay the mortgage the bank can still foreclose.
Answered on May 16th, 2012 at 6:31 PM

Report Abuse
Bankruptcy & Debt Attorney serving Syracuse, NY at Theodore Lyons Araujo
Update Your Profile
No. People often ask if they can keep homes, second homes, cars, boats, tax refunds, etc., when they are contemplating Bankruptcy. I always tell them they can keep what they want of they can pay for it, or if the equity or value is protected by an exemption in their State! There are two types of Bankruptcy for most individuals. Chapter 7 (liquidation) and Chapter 13 (payments are made to a Chapter 13 Trustee to be distributed pursuant to a Plan you and your attorney draft). To determine of you get to keep the property you have to know two things... 1) What is the equity in the property? (I.e., what is it worth minus what you owe on it). 2) Will the exemption laws that are applied to the property protect the equity? Bankruptcy is much more concerned with equity than it is with debt. If you have no equity in a rental home the Trustee in a 7 or 13 does not have an interest in the property and you may keep it. If you owe more on the vacation home than it is worth you may be able to use Bankruptcy to reduce the amount of the debt, and again, keep it. When you have equity in something that is not protected by an exemption then that is an issue that a lawyer must evaluate. See an attorney right away before you act. Good Luck!
Answered on May 16th, 2012 at 2:54 PM

Report Abuse
Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
Update Your Profile
Are you an Arizona resident? If so, you don't need to sell your home so long as you pay for it. If not, please get advice from an attorney in your state.
Answered on May 16th, 2012 at 1:15 PM

Report Abuse
Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
Update Your Profile
Not necessarily. Many times, if the debtor can afford the payments post bankruptcy, then they can keep their home.
Answered on May 16th, 2012 at 1:09 PM

Report Abuse
Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
Update Your Profile
No, you do not have to sell your home if you file a Chapter 7 Bankruptcy in Florida. Indeed, one of the beauties of Florida law is the homestead exemption. Your home is exempt from the claims of creditors, and you should claim the exemption if you file bankruptcy.
Answered on May 16th, 2012 at 1:03 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters