Was wondering if anyone has been in the same situation as myself. Last payment was paid and received by Trustee. All debts paid in full, and I overpaid and will be receiving the refund, which I am not worried about. Now the question, I have been pre-approved for a VA home loan. We have found a home and would like to buy it. We have been renting after selling our home right before bankruptcy 5 years ago. Can I make a offer on the home, can I submit the loan papers to the mortgage lender for underwriting, I understand that I cannot close until I get the discharge papers. Any help would be appreciated.
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The fact is, that you could actually close on a home while in an Active Chapter 13 case. Since your case is not yet closed, you are still under the jurisdiction of the court. This means that you cannot purchase -- acquire new debt -- without permission of the Trustee and the Court.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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You should be okay, but this is a question for your attorney. Obtaining pre-approval is certainly not "obtaining" new debt, so I don't see a problem with that. The concern was only with closing a real estate purchase contract prior to discharge/close.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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FHA certainly allows loans during a Chapter 13 with permission. You would technically need permission from the Trustee to incur debt. You'd also need to otherwise qualify. I don't know how VA Mortgages deal with bankruptcy (and active bankruptcy like a Chapter 13). If you think that you really want to do this, first consult with your attorney on the process, then see if you can get pre-approved. Ask lots of questions!
Actually, the car loan companies, and certain credit card companies, will be all over you once your case is discharged!Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
Comment
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I don't know the details, but I believed that VA allowed loans during a Chapter 13. Try calling a lender/bank that does VA Mortgages to check for certain.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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