How soon after Chapter 13 discharge can you sell your house? 12 Answers as of October 16, 2014

I want to sell my house and I've paid my Chapter 13 in full. I haven't received my discharged papers yet. How soon can I list my house on the market for sale?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
EDWARD P RUSSELL | EDWARD P RUSSELL
Get your discharge order and the case will then close. Then sell the house.
Answer Applies to: Minnesota
Replied: 10/16/2014
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Immediately!
Answer Applies to: Colorado
Replied: 10/14/2014
A Fresh Start
A Fresh Start | Dorothy G Bunce
Nothing stops you from listing your property for sale, but until the case is closed, you will need a court order to approve a sale. Just getting your discharge will not mean that your case is closed. The order closing a case can come within days, weeks or months after a discharge is granted.
Answer Applies to: Nevada
Replied: 10/13/2014
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Unfortunately discharges take time to process. You will need to wait I refile a motion to approve sale is you have a buyer.
Answer Applies to: California
Replied: 10/13/2014
Davis Law SC | D. Nathan Davis
You can put your home on the market at any time. Until you have your discharge, you will have to obtain the permission of the bankruptcy court to sell your home. If you have finished your payments to the Trustee, you should be able to obtain your discharge pretty quickly. You need to contact your attorney as there are certain steps you will need to take to complete your Chapter 13 Bankruptcy.
Answer Applies to: South Carolina
Replied: 10/13/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    The title company will not let you sell your house until your case is closed.
    Answer Applies to: New York
    Replied: 10/13/2014
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    Right after the case closes you can sell. Before that you would be required to get court's permission and this may not be a good idea depending on the facts of the case. It can take about 2-3 months before the case closes after the last payment is received. This is because there are some administrative tasks that need to be performed. If your chapter 13 includes a lien strip provision you will also want to make sure that after discharge order is granted the creditor files the paperwork with the County Recorder's so that the title is clear of that second mortgage deed. Listing and actually selling is two different things. I'm guessing since you have made the last payment and you are so close to closing the BK case you can probably go ahead and list the property for sale right now (talk to a Realtor) so you can get a head start on showing the property and getting buyers interested. You could also potentially accept offers as long as you include a condition in the contract stating that the sale will only happen either after BK is completed or after court approves the sale, whichever comes first, or some similar language like that. An interested buyer may be willing to wait or can come back to you later if they don't find anything else they like as much. Check with your bankruptcy attorney. They can tell you what steps have been taken so far toward closing the case and an approximate amount of time it will take to close the case.
    Answer Applies to: California
    Replied: 10/13/2014
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    It depends upon whether your plan provides that property revested in you upon confirmation or whether property remained property of the estate until such time as the case is discharged or dismissed, or whether there is some other provision. You should speak to your attorney. Hopefully you have one, if you are completing a chapter 13 plan.
    Answer Applies to: Colorado
    Replied: 10/13/2014
    Idaho Bankruptcy Law | Paul Ross
    Discharge is separate from closing. Your case should be closed to sell a home, otherwise it may still be property of the bankruptcy estate. You can list the home now, but you cannot sell without the case closing or an abandonment from the Court.
    Answer Applies to: Idaho
    Replied: 10/10/2014
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    You can sell it now
    Answer Applies to: Florida
    Replied: 10/10/2014
    D.J. Rausa, Attorney at Law | D.J. Rausa
    You can list it, and you can open an escrow. I would wait for your case to be discharged and closed before closing escrow.
    Answer Applies to: California
    Replied: 10/10/2014
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney