QUESTION
How can I sell my house after discharge in a bankruptcy?
Asked on May 09th, 2012 on Bankruptcy - Florida
More details to this question:
I received my discharge papers in feb of this year and we have to move back to florida for better jobs, we reaffirmed our house and now need to sell it. Can we sell it? I contacted my attorney and the paralegal said no because the case has to be closed isn't that was discharged is? I really didn't understand her reasoning I think she just wanted to get me off the phone. We already had to surrender our tax return I don't want to have to give them money I have to use to purchase a new house for my family it just really doesn't make any since to me. They is no judgement or lien on my house
12 ANSWERS
Bankruptcy Attorney serving Seattle, WA
at
The Law Office of Marc S. Stern
Update Your Profile
There are too many facts here that lead to the conclusion that you need to seek new counsel. If current counsel is not explaining what is going on, you need one who can.
Answered on May 22nd, 2012 at 7:22 PM
Bankruptcy Attorney serving Concord, CA
at
William Rubendall Attorney at Law
Update Your Profile
You can sell your house after your bankruptcy discharge. However, you must re-invest the proceeds in another home within six months. Otherwise, the trustee can sell your house and pay your creditors. Consult an attorney as to the specific facts of your case.
Answered on May 18th, 2012 at 12:11 PM
Daniel James Wilson
Discharge is not the same as case closing. I cannot tell you more without more information. It sounds as though you had to turn over your tax refunds. The case will not close until the trustee finishes administering the case. You might ask the trustee if he will abandon the house so you can sell it. Your lawyer should be helping you with this.
Answered on May 17th, 2012 at 4:19 PM
Bankruptcy Law Attorney serving Madison Heights, MI
at
Able Legal Services, PLC
Update Your Profile
You should be able to sell your house. If the offering price is less then what is owed under the reaffirmation agreement, you may have to get consent of the bank, and would want to receive a release of all remaining amounts owed.
Answered on May 17th, 2012 at 3:31 PM
If you reaffirmed your house debt then the debt was not discharged. That is what reaffirmation means. So you are personally liable for the debt and have a lien against it. So you could sell the house if it was not underwater which it is probably not.
Answered on May 17th, 2012 at 1:26 PM
until the case is closed the house is property of the bankruptcy estate. ask your lawyer to file a motion to approve sale and then you will be able to accomplish your goal.
Answered on May 17th, 2012 at 2:52 AM
The caes is not closed until the judge enters the order closing the case. Any movement of assets (including sale of the house) must be approved by the judge until the case is closed.
Answered on May 16th, 2012 at 1:18 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
at
Zahn Law Office
Update Your Profile
If your case received a discharge recently, then it should close shortly thereafter. Do not accept legal advise from a paralegal. Speak with your attorney directly.
Answered on May 16th, 2012 at 1:06 PM
Immigration Attorney serving Arlington, TX
at
Law Office of Pho Ethan Tran, PLLC
Update Your Profile
If there is no judgment or lien on the house and your case has already been completed, you may sell the house.
Answered on May 16th, 2012 at 1:03 PM
Bankruptcy Chapter 7 Attorney serving Los Angeles, CA
at
Bereliani Law Firm, PC
Update Your Profile
Did you sign documents with the bank reaffirming the loans on your home or did you simply just state your intention was to keep your home on the BK paperwork? If you did sign a reaffirmation agreement then you are liable for any deficiency balances (if you do a shortsale). In regards to your home, if it had equity when you filed, your attorney most likely used the 704 homestead exemption to protect the equity. If you sell your house after the BK and receive funds from the sale, it needs to be reinvested into a new residence within 6 months in order for those funds to be protected. If you choose to just put those funds in the bank and hold on to it then the Trustee can take those funds to pay off the creditors. These are things that should be discussed with your attorney or further facts (or case number) needs to be provided to another bankruptcy attorney so they can analyze your situation for you and make correct recommendations.
Answered on May 16th, 2012 at 12:53 PM
Family Law Attorney serving North Kingstown, RI
at
Law Offices of Nelson Brinckerhoff
Update Your Profile
You can sell it subject to payoff of mortgage.
Answered on May 16th, 2012 at 12:36 PM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
You should listen to your own attorney. And the discharge is not the closing of the bankruptcy. While discharge is the goal, the case remains open for a few years, until it is finally closed. There is a lien on the home, the mortgage you reaffirmed.
Answered on May 16th, 2012 at 12:34 PM