Can we sell our home and pay off the loan after we have filed a bankruptcy and it has been discharged? 18 Answers as of August 31, 2015

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GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
That would be a yes.
Answer Applies to: Colorado
Replied: 8/31/2015
Stephens Gourley & Bywater | David A. Stephens
Yes
Answer Applies to: Nevada
Replied: 4/13/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
Once a bankruptcy case has been closed, you can sell your house, pay off the balance of the mortgage and any liens on it, and pocket the difference. Your discharge is not the same thing as your bankruptcy being closed. If your bankruptcy isn?t closed, you will need bankruptcy court approval of any sale. As long as your bankruptcy was properly prepared, disclosing everything you own & owe, getting court permission shouldn?t be a problem.
Answer Applies to: Nevada
Replied: 4/13/2015
Novakov & Associates, PLLC
Novakov & Associates, PLLC | LINDA S. NOVAKOV
Yes, you can sell your home, satisfy the mortgage and move on with your lives, after discharge and closing of the bankruptcy case.
Answer Applies to: Kentucky
Replied: 4/13/2015
EDWARD P RUSSELL | EDWARD P RUSSELL
The mortgage lien on your home will survive the bankruptcy. You can sell your home anytime with the mortgage lien being satisfied from the proceeds of the sale either before or after the bankruptcy. Keep in mind that if you have a lot of equity in your home you will want to wait until after the bankruptcy because the state exemption for a homestead is about $390,000. That would not be available after the sale.
Answer Applies to: Minnesota
Replied: 4/13/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If you have equity remaining in your home then, yes.
    Answer Applies to: New York
    Replied: 4/13/2015
    The Law Offices of Ryan F. Beach, PLLC
    The Law Offices of Ryan F. Beach, PLLC | Ryan Beach
    Yes, but only after the bankruptcy case has been closed. It is important to realize that there is a difference between the discharge of the case and the closing of the case. Assets are still subject to Trustee control/liquidation while the case is open,even if the debtor has received a discharge. If you are unsure whether your case is closed, you should contact the attorney you used to file the case and/or consult with a bankruptcy attorney who can review the case and let you know the status and how you should proceed.
    Answer Applies to: Michigan
    Replied: 4/13/2015
    Ronald K. Nims LLC | Ronald K. Nims
    Certainly. In fact, to sell your home it's necessary to pay off the mortgage. Nobody will buy a home with your old mortgage still on it.
    Answer Applies to: Ohio
    Replied: 4/13/2015
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    Yes, you may sell your home and pay off the loan associated with it.
    Answer Applies to: Nevada
    Replied: 4/13/2015
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    The discharge is not the question. Bankruptcy consists of two parts. One part is the discharge. The other part is administration. The discharge is usually granted early in the case. Administration can take years. The property is not yours to sell until it is no longer property of the estate. There are lots of complexities but this is the place to start.
    Answer Applies to: Washington
    Replied: 4/13/2015
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    Yes. In fact, the only way you will be able to sell your home is to sell it for enough to pay off your mortgage loans.
    Answer Applies to: Colorado
    Replied: 4/10/2015
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    I don't see why not. You still own it and the lender still has a lien (assuming this was a chapter 7 case). If you sell it you must pay the lien holder before getting anything from the proceeds.
    Answer Applies to: California
    Replied: 4/10/2015
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    Yes if it was exempt property and the trustee had no interest in it that is no problem.
    Answer Applies to: New York
    Replied: 4/10/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You can do that as long as the case is "closed." It is possible to get a discharge and not have the case close. In a rising real property market a trustee could keep a case "open" and sell your house. Most people are confused about this (as are some lawyers). You can check on the status by looking at the court docket. Whether or not a case is "closed" is not mailed to you or your lawyer. The lawyer can see it on PACER. It is possible for you to get a PACER account. Google "PACER". If you had a lawyer he or she should be able to tell you.
    Answer Applies to: California
    Replied: 4/10/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Based on those facts alone, I don't see any obstacle to your doing just what you propose. You would probably benefit from consulting the lawyer who represented you in the bankruptcy. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 4/10/2015
    John W. Lee, PC
    John W. Lee, PC | Kim A. Lewis
    Yes, there is no restriction once you are discharged.
    Answer Applies to: Virginia
    Replied: 4/10/2015
    Wink & Wink
    Wink & Wink | Gigi Wink
    No, you must wait for the case to close or have the property abandoned by the trustee.
    Answer Applies to: Colorado
    Replied: 4/10/2015
    Bensamochan & Poghosyan LLP | Eric Bensamochan
    If you filed Chapter 7 or 13 and received a discharge from the court, then your case should be closed. You can sell your house or anything else for that matter. Once the case is closed, you are no longer under the Bankruptcy Court Jurisdiction.
    Answer Applies to: California
    Replied: 4/10/2015
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