Legal Question in Bankruptcy in Michigan

I declared bankruptcy over 1 year after my dad passed away and was an heir to part of his estate. Almost 3 years later, we still have not closed out the estate but the trustee from my bankruptcy is trying to take my house from me to pay my creditors. Part of the house is part of my inheritance. My bankruptcy was finalized in Nov 2010 (Chapter 13). Can they make me sell my house?


Asked on 10/28/11, 3:24 pm

1 Answer from Attorneys
Thomas R. Morris Silverman & Morris, P.L.L.C.

The precise status of the case is not clear from your question, but it sounds like you had an interest in the house at the time that the case was filed. If so, then your interest in the house became property of the estate. If it was not exempt, then the trustee may be able to sell it.

You state that the bankruptcy was "finalized", but that term does not indicate to me the precise status of the case. I would also need to understand whether the case is still in chapter 13, whether you confirmed a plan, and whether you completed the plan.

An attorney would need more information in order to be able to answer the questions you have. I don't think that your question is simple enough to lend itself to a free, quick answer. Please contact me if you would like to meet to discuss the matter.

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Answered on 10/28/11, 4:09 pm


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