Who is responsible for a house after bankruptcy? 3 Answers as of November 11, 2010

I have a client (I am a real estate agent) that filed for bankruptcy 2 years ago and the house is still in her name. Is she required to stay in the home or can she surrender the home to the bank? Who is responsible for the home?

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Gus Johnson Attorney at Law
Gus Johnson Attorney at Law | Gus Johnson
If she executed a reaffirmation agreement in the bankruptcy proceeding, then she is responsible under the terms of the reaffirmation.
Answer Applies to: South Dakota
Replied: 11/11/2010
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
Not sure I understand your question fully. Of course she is not required to stay in the home. If her bankruptcy is completed, she can do what she wants with the property, including selling it or letting it be foreclosed on.
Answer Applies to: California
Replied: 11/10/2010
Sussman & Associates
Sussman & Associates | Mitchell Sussman
She can surrender the home and move out.
Answer Applies to: California
Replied: 11/10/2010
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