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need help fast! after 341 before discharge house selling

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    need help fast! after 341 before discharge house selling

    Youve got to be kidding me. After being listed FOREVER, NOW someone wants to buy my house. Crap what do I do? I have been through the 341 but have not yet received my discharge. Can I sell my house? What happens now???


    HELP!!!! They're talking like they want to draw up papers tomorrow???!
    10/22/2008: EXP 718 ~ EQ 713 ~ TR 722 Watch them FALL
    341 Meeting December 3rd
    Filing Chapter 7 Expecting a court battle

    #2
    Originally posted by evilxs View Post
    Youve got to be kidding me. After being listed FOREVER, NOW someone wants to buy my house. Crap what do I do? I have been through the 341 but have not yet received my discharge. Can I sell my house? What happens now???


    HELP!!!! They're talking like they want to draw up papers tomorrow???!
    OK when was your 341? How long to 60 days? Now you will need another place to live so you did not make money on this, right? Say yes! For tax perposes and capital gain forgiveness, you have a certain time to trasfer the equity to another domocile. Get looking. In this day and time, I would not pass a sale.

    Of course explain this to your attorney, and see if it flys. Great news at the wrong time. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      341 was December 22nd. I haven't lived in that house for 8 months or so. After the first and second mortgage which hell I guess now I would have to reaffrim I would gain 7-8k, but I did exempt that under my state exemptions when I filed.

      Is the trustee going to have problems with this? I guess I could set a closing date out a month?

      I dont think anyone will give me a home loan this close to a BK?

      called my attorney and no answer yet. aghhhhhhhh what timing!
      10/22/2008: EXP 718 ~ EQ 713 ~ TR 722 Watch them FALL
      341 Meeting December 3rd
      Filing Chapter 7 Expecting a court battle

      Comment


        #4
        Originally posted by evilxs View Post
        Youve got to be kidding me. After being listed FOREVER, NOW someone wants to buy my house. Crap what do I do? I have been through the 341 but have not yet received my discharge. Can I sell my house? What happens now???
        So many questions.

        Do you have Equity? Was it exempted? Did the Trustee Abandon the Property?
        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


          #5
          Okay, I don't think you have to reaffirm just to sell, unless your district requires it.

          If you are able to do this, you should get to keep anything over the payoffs of the mortgages and the expenses of the sale, if any. But I am pretty sure you cannot sell until after discharge - possibly until after you are closed.

          justbroke - I also would like to sell one of our cars - not much equity, just want to get rid of it (over 100K miles). I am discharged but not closed. The trustee has not officially "abandoned", nor declared asset/ no asset. It was discharged as a no asset case and i am almost 3 months past discharge - still not closed. No flags. Any suggestions?
          Filed Ch 7 -- July 9, 2008
          341 mtg ---- August 14, 2008
          Discharged ---- October 17, 2008
          Closed --------- December 11, 2009!

          Comment


            #6
            woohoo got a call from the lawyer. He said just make sure closing is after discharge and then I can sell it since the trustee does not intend to keep an interest in the property.

            It doesn't matter what I make on it.

            I had exempted 7400 and if I make anything I imagine it would be that or less.
            10/22/2008: EXP 718 ~ EQ 713 ~ TR 722 Watch them FALL
            341 Meeting December 3rd
            Filing Chapter 7 Expecting a court battle

            Comment


              #7
              Originally posted by evilxs View Post
              woohoo got a call from the lawyer. He said just make sure closing is after discharge and then I can sell it since the trustee does not intend to keep an interest in the property.

              It doesn't matter what I make on it.

              I had exempted 7400 and if I make anything I imagine it would be that or less.
              That is wonderful. If the buyers are unpleased, let them have a key and play at moving in. Get a security deposit or downpayment to close. 'Hub
              If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

              Comment

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