Is it safe to be added to title of home after chapter 7? 12 Answers as of June 28, 2011

I filed chapter 7 twelve months ago and my wife and I are refinancing our home that we purchased 1.5 years ago. When we purchased the home the title was in my wife and father in laws name because I was in the middle of filing. Is it safe at this point to be re added to title? Can the bankruptcy court try sand levy this property at anytime moving forward after the discharge date?

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Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
It should be safe to be added to the home at this point. However, you may want to review your circumstances with an attorney to determine if there is any concerns you should be aware of.
Answer Applies to: New Hampshire
Replied: 6/28/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Did you list your interest in the house when you filed? Even if you were not on title you had an obligation to list all of your assets, including this house in your wife's name. Assets that are not administered by the trustee remain property of the estate.... Forever. You should contact a lawyer to straighten this out now. Post petition increase in equity belongs to the bankruptcy estate.
Answer Applies to: California
Replied: 6/27/2011
Breckenridge and Walton
Breckenridge and Walton | Alan D. Walton
If the trustee has filed a no asset report and the court has closed its file, you should be fine.
Answer Applies to: Michigan
Replied: 6/27/2011
Evan M. Altman Attorney at Law
Evan M. Altman Attorney at Law | Evan M. Altman
As long as a discharge was granted, yes.
Answer Applies to: Georgia
Replied: 6/27/2011
Law Office of Maureen O' Malley
Law Office of Maureen O' Malley | Maureen O'Malley
You should be safe. Except you said "readded." If you took your name off to avoid creditors, it could be seen as fraud.
Answer Applies to: Virginia
Replied: 6/27/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Once the discharge is entered property reverts to the debtor. The bankruptcy court no longer has control over the property. If you want to refinance the property or change title there is nothing the bankruptcy court has to do to approve or review it.
    Answer Applies to: California
    Replied: 6/27/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    With few exceptions that don't apply to your question, assets you receive after the filing date of your case are not part of the bankrutpcy estate. The Trustee does not have a right to an interest you received after the case was filed.
    Answer Applies to: Colorado
    Replied: 6/27/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    It should be safe for you to be added to title now, but if you live in a community property state and this property wasn't disclosed in your bankruptcy case, there could be substantial consequences, including loss of your discharge and sale of the home.
    Answer Applies to: California
    Replied: 6/27/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    Once the discharge has taken place your bankruptcy is complete. The creditors cannot go after any assets that you acquire after the discharge.
    Answer Applies to: California
    Replied: 6/27/2011
    Ellahie & Farooqui LLP
    Ellahie & Farooqui LLP | Javed Ellahie
    Hopefully you disclosed your ownership interest in the home. Even though a property is not in your name, if you own it you must disclose it. Failure to disclose has consequences and you should consult an experience bankruptcy lawyer immediately. If you did disclose it, and your debts have been discharged and the case closed (make sure the court has closed the case) then you can proceed with your life.
    Answer Applies to: California
    Replied: 6/27/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    The fact that you are posting here tells us that you filed without an attorney (if you had you would have asked him). The answer is we don't know. Chapter 7 cases often are kept open after the discharge. If you had counsel you would know if it was or was not, and that affects the answer. One way it's no problem and the other it could possibly be one. Whether or not the home has equity and other things also affect the answer. The answer also depends of the source of funds for the home and whether there are sins of omission in the filing.
    Answer Applies to: Georgia
    Replied: 6/27/2011
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