Legal Question in Bankruptcy in California

selling home after bankruptcy

I filed for chapter 7 BK in 08/17/2005 and was resolved on 11-23-2005. How long must I wait to sell my home (getting a divorce)?


Asked on 1/25/06, 2:02 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: selling home after bankruptcy

The Chapter 7 trustee should have filed a report with the Court specifying whether or not there were any assets to administer for the benefit of creditor. If there was a "no asset report" filed or if the trustee abandoned any claims to the home, you should be able to sell the home now if there are not other restrictions related to your divorce matter.

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Answered on 1/25/06, 2:11 pm
Mark Markus Law Office of Mark J. Markus

Re: selling home after bankruptcy

Well, that depends on what you mean by "resolved". If the Trustee has filed a no asset report and you received a discharge, or if your case is actually closed, then you can sell it now. If the case is still open, then you must get the Trustee's permission to sell the property.

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Answered on 1/25/06, 2:12 pm


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