How can I sell my house after discharge in a bankruptcy? 19 Answers as of May 22, 2012

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

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Marc S. Stern
Marc S. Stern | Marc S. Stern
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.
Answer Applies to: Washington
Replied: 5/22/2012
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
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.
Answer Applies to: California
Replied: 5/18/2012
Dan Wilson Bankruptcy
Dan Wilson Bankruptcy | Dan 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.
Answer Applies to: Colorado
Replied: 5/17/2012
Kelly Nigohosian | Kelly Nigohosian
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.
Answer Applies to: Michigan
Replied: 5/17/2012
Law Office of Kristen Allard Shier
Law Office of Kristen Allard Shier | Kristen Allard Shier
Once you receive your bankruptcy discharge, you are free to sell your house. However, since you reaffirmed the mortgage debt, you are liable for the complete mortgage debt. This means that if you are unable to sell the house, or if you sell your house but have to sell it for less than what you owe, you will be financially obligated to pay any deficiency balance that remains on the debt. The bankruptcy discharge is the Court's order that tells your creditors you are no longer legally obligated to pay back your unsecured debt. The case closing is an administrative function that occurs once the trustee has fully administered your bankruptcy estate (i.e., distributed any non-exempt assets to your creditors). The case closing can occur anywhere between a few months after discharge to, in extreme cases, a year or more.
Answer Applies to: Colorado
Replied: 5/17/2012
    Robert Suhajda
    Robert Suhajda | Robert Suhajda
    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.
    Answer Applies to: California
    Replied: 5/17/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    There is a difference between a discharge and closing of a case. They are not the same thing. Now, they can happen very close to each other but they are not the same. Your case should close soon if you have already received a discharge. I would believe that you could start listing the home and trying to get offers although you could not sell until the case closes.
    Answer Applies to: California
    Replied: 5/17/2012
    AZ Law Group of Trezza & Associates
    AZ Law Group of Trezza & Associates | Stephen Trezza
    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.
    Answer Applies to: Arizona
    Replied: 5/17/2012
    Steven Harrell, Attorney at Law | Waymon Steven Harrell
    Once the trustee files a report of no distribution in the case, you probably can put your house up for sale.
    Answer Applies to: Georgia
    Replied: 5/16/2012
    Olson Law Firm | Edward M Olson
    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.
    Answer Applies to: Michigan
    Replied: 5/16/2012
    Law offices of John P. Brooke | John Brooke
    Just because you were discharged doesn't mean the case was closed. The case can still be open for any number of reasons. You paid your attorney to handle the case so you should really speak with him or her directly and get the answer you need.
    Answer Applies to: New York
    Replied: 5/16/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Your house is property of the bankruptcy estate until your case is closed. If you want to sell the house then you have to file a motion for the trustee to abandon the property back to you or you have to wait til your case is closed. Your case will not be closed until the trustee distributes all the money from the tax returns that he is seizing to all the creditors.
    Answer Applies to: New York
    Replied: 5/16/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    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.
    Answer Applies to: California
    Replied: 5/16/2012
    The Stockman Law Office | Mary Stockman Esq.
    IF YOU SURRENDERED YOUR TAX REFUND YOU ARE NOT IN FLORIDA. All the States are slightly different as to proceedure, and ALL have different exemptions. Consult an attorney in your State.
    Answer Applies to: Florida
    Replied: 5/16/2012
    Bereliani Law Firm | Sanaz Sarah Bereliani
    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.
    Answer Applies to: California
    Replied: 5/16/2012
    Atorney Nelson F. Brinckerhoff
    Atorney Nelson F. Brinckerhoff | Nelson F. Brinckerhoff
    You can sell it subject to payoff of mortgage.
    Answer Applies to: Rhode Island
    Replied: 5/16/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    If there is no judgment or lien on the house and your case has already been completed, you may sell the house.
    Answer Applies to: Texas
    Replied: 5/16/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    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.
    Answer Applies to: Florida
    Replied: 5/16/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Discharge and closing the case are two different things. If you turned over your tax refunds, it tell me the trustee has assets to administer and a case will not close until the trustee has completed administering assets.
    Answer Applies to: California
    Replied: 5/16/2012
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