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chp 7 and foreclosure

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    chp 7 and foreclosure

    Is it true that if my case is discharged and my house has not forclosed, the case won't be closed (until it is foreclosed)? I heard I wouldn't be allowed to do a short sale. Is this true?

    #2
    Mine case was closed but then reopened after a creditor violated the discharge. It is still open pending the outcome of that however it had nothing to do with my house. I included my home in the BK7 as well. If you included the house in the BK, why worry about a short sale?

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      #3
      It it an asset case meaning did you have equity in your home? Then that might be the case as the bk trustee will want the proceeds from the sale of the home. If there is no equity and you are a no-asset case then probably not.
      We're 3 days out from our discharge and we surrendered the house in our BK filing. Our lenders have not started any foreclosure proceedings yet and we're hoping to ride things out in the house for a bit as that process occurs.

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        #4
        Originally posted by neorecon View Post
        It it an asset case meaning did you have equity in your home? Then that might be the case as the bk trustee will want the proceeds from the sale of the home. If there is no equity and you are a no-asset case then probably not.
        We're 3 days out from our discharge and we surrendered the house in our BK filing. Our lenders have not started any foreclosure proceedings yet and we're hoping to ride things out in the house for a bit as that process occurs.
        This is true and your case should close unless...... Otherwise, they are two different issues. The short sale is between you and the bank. '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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