We have a residence that we have tried to sell and could not because we had a bankruptcy in 2001 and the property was not included at that time. My spouses parents were living in said property at that time is why it was not included. In order to straighten out the title is it possible to re-open the 2001 bankruptcy and add this property to it?
Your facts as stated make no sense. First of all, in any bankruptcy case you are required to list all assets and all debts. A failure to do that is grounds both for denial of your discharge (or, in your case revocation of your discharge), and possible criminal sanctions. I'm not exactly sure what you mean by "include", but if that's what you meant, you should visit a bankruptcy attorney who is a certified specialist and evaluate your options.
Your spouses parents living in the property has/had nothing at all to do with the requirement to list the property in the bankruptcy schedules. Not only that, filing bankruptcy does not alter title to the property, so I'm sorry, but when you say you want to reopen the case to "straighten out title" that simply makes no sense at all.
Mark Markus has been practicing exclusively bankruptcy law in California since 1991. He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.
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