Can I Sell My House After Bankruptcy
Filing for a bankruptcy plan will leave a mark on your life but if you handle the situation with attentiveness and patience you can get your life back on track once again.
Can i sell my house after bankruptcy. You can sell your house after your bankruptcy discharge. The court acting through a bankruptcy trustee decides whether you can. How to sell a home after filing chapter 7. If you sell your home just before or just after filing a chapter 7 bankruptcy case you must first be sure that an exemption protects the equity.
Different types of bankruptcy filings such as chapter 7 and chapter 13 impose different time frames during which a debtor can sell his house. The answer is yes but it isn t quite that simple. If you can t afford to pay your bills bankruptcy can help you discharge your debts and start over. As soon as you file for chapter 7 bankruptcy you lose control over your assets.
You may need court permission to hire your real estate broker to represent you. As soon as the bankruptcy case is closed you can sell any of the assets you still own including your home. Exempting proceeds after selling your home. Almost every system includes a homestead exemption the applicable type but the limits vary widely.
While your creditors can t foreclose on your property because it s shielded under bankruptcy protection you can t sell your house without specific permission from the bankruptcy court. Once the bankruptcy is complete and you still own your home the lender can choose to initiate or move forward with foreclosure proceedings if the mortgage is in default. If you re thinking about selling your house after your debt clearance is granted here are the answers you were looking for. I m often asked whether a client can sell his or her or their house while they re in a bankruptcy.
Selling a property after a bankruptcy discharge. However you must re invest the proceeds in another home within six months. These time frames also vary from state to state. However selling your home after bankruptcy may be problematic if you plan to by a new one.
Make sure that your real estate broker is aware of your situation as soon as you decide to sell your house. Once someone files for bankruptcy relief whether under chapter 7 chapter 11 chapter 12 or chapter 13 something called the bankruptcy estate is created. Some states allow you to protect only 10 000 or less. It is important to point out that selling your home after bankruptcy may be problematic if the plan is to immediately turn around and buy a new home.
Otherwise the trustee can sell your house and pay your creditors.