Can I sell my house if I filed for a chapter 7 bankruptcy? 20 Answers as of May 30, 2013

I filed chapter 7 six months ago and I'm thinking of selling my house now. Can i sell it?

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The Law Office of Marvin Wolf
The Law Office of Marvin Wolf | Marvin Wolf
Filing bankruptcy creates a separate entity called a "bankruptcy estate" over which a debtor loses control. A debtor can carve out the monetary value of exemptions, but until a trustee formally abandons the property, he - and not the debtor - is in control. A trustee can grant you a personal discharge but keep the case open so he can deal with property of the bankruptcy estate. Filing a Chapter 7 when you have a house is very tricky - even if there is a mortgage.
Answer Applies to: New Jersey
Replied: 3/30/2012
Debt Relief Law Center | Roger J. Bus
Only after your case has been completely closed out and Discharged. Otherwise, the equity amount you make must have been fully exempted in your bankruptcy schedules and the Trustee will have to sign off on the sale.
Answer Applies to: Michigan
Replied: 3/30/2012
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Check the docket in your case and see if the trustee filed a "no asset report". If the "no asset report" is filed you can sell it.
Answer Applies to: California
Replied: 3/30/2012
Steven Harrell, Attorney at Law | Waymon Steven Harrell
Not until the trustee files a report of no distribution in the case.
Answer Applies to: Georgia
Replied: 3/29/2012
Danville Law Group | Scott Jordan
Yes. Do you have any equity? If no, why do you want to sell it and incur the liability? If you had a bankruptcy attorney, call your attorney for advice on selling property after bankruptcy.
Answer Applies to: California
Replied: 3/29/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If your case is closed, you should have no problem selling the home.
    Answer Applies to: California
    Replied: 3/28/2012
    T.K. Byrne | Timothy K. Byrne
    Yes.
    Answer Applies to: Mississippi
    Replied: 5/30/2013
    Law Office of Jeffrey Solomon
    Law Office of Jeffrey Solomon | Jeffrey Solomon
    I assume your case is closed and you received your discharge. If so, you are free to sell your home. If the case is not concluded, consult an attorney regarding the timing.
    Answer Applies to: Florida
    Replied: 3/28/2012
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    If case has not closed you need trustee to abandon his claim.
    Answer Applies to: Colorado
    Replied: 3/28/2012
    Tucker Legal Clinic
    Tucker Legal Clinic | Samuel Tucker
    The sale is still subject to any mortgage, the trustee will get any non-exempt proceeds.
    Answer Applies to: Mississippi
    Replied: 3/28/2012
    Kalra Law Firm
    Kalra Law Firm | Madhu Kalra
    Sure. You can list it. Unless bankruptcy is discharged, you would need to get court permission prior to closing escrow. However, you can list it for selling. Since, you are into bankruptcy for last six months, hopefully, it will be discharged soon.
    Answer Applies to: California
    Replied: 3/28/2012
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