Legal Question in Bankruptcy in California

Selling Our House

My mother had to file Chapter 7 and she owns her home

that is homesteaded. She did not lose this in the

bankrupcy. After everything is done (she is a recent

widow and is very shook up by everything) she is

thinking of selling and moving away. What is the

earliest that she can sell her home? She has a very

poor lawyer. He cant seem to give her a straight

answer, first it was the day after her court date.

Then the day she gets her papers from the court, then

four months from the date that she filed. And he wont

even talk to me. I need to help my Mom with this

matter. Thank you.


Asked on 5/16/01, 10:33 pm

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Selling Our House

To be totally safe, she can sell it after the case is closed, which happens after the discharge is granted. In a case where no assets are distributed by the Trustee, the case is usually closed a few weeks thereafter. However, she can get permission from the Trustee to sell the property in advance of that date. Her attorney (or her) just needs the Trustee to file a Notice of Intent to Abandon the property.

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Answered on 6/21/01, 8:36 pm


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