How soon can I sell my current home after the bankruptcy discharge? 22 Answers as of July 01, 2014

I am retired and filed bankruptcy which was discharged on 6/2/14. My home value was $130,000 when I filed bankruptcy. I need to sell this home and purchase a smaller home due to poor health.

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Barnhart Law Office
Barnhart Law Office | Bruce C Barnhart
You can sell the home anytime after discharge.
Answer Applies to: Nebraska
Replied: 7/1/2014
Law Office of Marlin Branstetter
Law Office of Marlin Branstetter | Marlin Branstetter
If your bankruptcy was discharged you should be free to sell your home unless your case is being held open for other issues.
Answer Applies to: California
Replied: 6/30/2014
Ronald K. Nims LLC | Ronald K. Nims
"Discharge" means your part of the case is over (unless there is fraud), so you can sell it immediately.
Answer Applies to: Ohio
Replied: 6/25/2014
Idaho Bankruptcy Law | Paul Ross
Your home remains property of the bankruptcy estate until your case has closed. Therefore, you cannot sell it until your case is closed or you have it abandoned by the Court. Visit with your attorney.
Answer Applies to: Idaho
Replied: 6/25/2014
EDWARD P RUSSELL | EDWARD P RUSSELL
Your discharge date will be about Aug. 1 but you can sell the house anytime.
Answer Applies to: Minnesota
Replied: 6/25/2014
    Law Office of Peter M. Lively
    Law Office of Peter M. Lively | Peter M. Lively
    You must wait until the case is closed or until you obtain an order abandoning the property from the estate to you.
    Answer Applies to: California
    Replied: 6/25/2014
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    You can sell it now. Good luck!
    Answer Applies to: Colorado
    Replied: 6/25/2014
    Stephens Gourley & Bywater | David A. Stephens
    Any time.
    Answer Applies to: Nevada
    Replied: 6/25/2014
    Danville Law Group | Scott Jordan
    Is the case closed? Once closed, you can sell.
    Answer Applies to: California
    Replied: 6/25/2014
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    The law is changing, and not for the good. Make sure that the case is closed before you do anything. There is a difference between getting the discharge and the closing of the case. Listed property is deemed abandoned when the case is closed. A case may be open for administration for a long time. The discharge is usually granted sixty days after the first date set for the 341 hearing. It may take longer in some courts. Before you do anything check with your lawyer.
    Answer Applies to: Washington
    Replied: 6/25/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You can do that now. One caveat, the trustee might not have filed a "no asset report" which would keep the case open. These reports are often not served on the debtor. the only way to be sure is to go the court and check the docket to make sure the case is "closed".
    Answer Applies to: California
    Replied: 6/25/2014
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    You can sell your home as soon as your case has been closed administratively at the bankruptcy court. That is different from receiving the discharge order, and it can sometimes take several weeks or months to happen. Once the case is closed, the trustee no longer has any interest in your assets. If you wish to sell before that time you will need to file a Motion for Abandonment and obtain an order from the court allowing the sale.
    Answer Applies to: Colorado
    Replied: 6/25/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    You can sell your property immediately after receiving your bankruptcy discharge but you will need approval from both the court and the trustee if your chapter 7 case is still open for administration of assets. If your case is open, contact your bankruptcy trustee to see if it would be possible to close your case on an expedited basis so you don't need any approval. This will only be possible if the trustee held that your case was "no asset" and filed a report confirming this status.
    Answer Applies to: Nevada
    Replied: 6/25/2014
    Rosenberg & Press
    Rosenberg & Press | Max L. Rosenberg
    You can sell your home as soon as you like now.
    Answer Applies to: Connecticut
    Replied: 6/25/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If your case is closed then you can sell immediately, but discharge does not necessarily mean case is closed so check that.
    Answer Applies to: New York
    Replied: 6/25/2014
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    You can do it now. Sell the home after the bankruptcy discharge.
    Answer Applies to: Florida
    Replied: 6/25/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    Assuming that there are no other issues, you can sell your property as soon as the case is closed.
    Answer Applies to: California
    Replied: 6/25/2014
    Hicks, Massey & Gardner, LLP
    Hicks, Massey & Gardner, LLP | Robert M. Gardner, Jr.
    So long as your bankruptcy case is discharged and closed, you are free to do what you want with your property, subject to any mortgages still against it. If the case has not actually been closed by the trustee, you would need to seek the approval of the trustee or permission from the court to sell it. Also, if the case is closed, and you did not reaffirm the mortgage, you can simply walk away from the house if it has no equity.
    Answer Applies to: Georgia
    Replied: 6/25/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    Your case must be closed. Otherwise you need to file a motion.
    Answer Applies to: Nevada
    Replied: 6/25/2014
    Tidewater Law Group PLLC | Seth Schoenfeld
    If your case is closed with the court you can sell you home immediately.
    Answer Applies to: Virginia
    Replied: 6/25/2014
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    At any time there is no restrictions.
    Answer Applies to: New York
    Replied: 6/25/2014
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    As soon as you have your discharge and the bankruptcy trustee has released you. Talk to your attorney. Discharges are sent out automatically by the court, that doesn't mean the trustee has abandoned the asset.
    Answer Applies to: Michigan
    Replied: 6/25/2014
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