Rhymer Law Firm | William Rhymer
Usually yes and yes, unless the property sold for a lot more than you told the court it was worth and the trustee claims you purposely misled the court about the value of the property. Talk with your Chapter 7 lawyer and he or she can give you a more definitive answer.
Answer Applies to: Georgia
Law Office of Shawn N. Wright | Shawn N. Wright
As a normal rule, once your Chapter 7 case is discharged and closed, then you have no further duty to report back to the Bankruptcy Court or to the Chapter 7 Trustee. I don't know all the details of your specific case, but as a general rule, you would be able to keep all of the net proceeds of your real estate sale.
Answer Applies to: Pennsylvania
A Fresh Start | Dorothy G Bunce
As long as you included the property in your Chapter 7 petition and as long as you claimed it as exempt, you are free to do as you please with whatever property you own. Any liens against the property will have to be paid in order for you to deliver a clear title.
Answer Applies to: Nevada
OlsenDaines, PC | Kristoffer Sperry
Assuming your bankruptcy is closed (receiving a discharge is not the same as having your case close) and your home was protected by a homestead exemptionwhich allows you to keep your home after bankruptcy-then yes, you may keep all proceeds from the sale of your home. You should review any and all paperwork that you received from the court and the trustee's office to ensure that your bankruptcy case has closed properly.
Answer Applies to: Idaho
Law Office of J. Thomas Black, P.C. | J. Thomas Black
If the property was claimed as exempt, and allowed as exempt, and your chapter 7 was discharged and closed 3 years ago, then yes, there should not be any issues with the Bankruptcy Court with selling the property. Of course the property would still be subject to any non-avoidable liens on the property such as tax liens or liens from debts that were not discharged by the bankruptcy, if any.
Answer Applies to: Texas
The Orantes Law Firm | Giovanni Orantes
If your case is closed, yes. In some situations, the Trustee would be entitled to administer an asset acquired after the filing for the creditors, but the profit from a sale of a property three years after the debtor received a discharge (assuming the case was closed soon thereafter), is not one of them.
Answer Applies to: California