Legal Question in Bankruptcy in Nevada
Can I sell my house
My chapter 7 BK was discharged in Feb. 04 I want to sell my home but the title company says because my attorney did not list it on schedule c they will not issue a title report. It was listed on schedule A. My home is more valuable now than when I filed with the increasing RE prices and I would like to leave the area. I've talked to 3 attorneys all have said something different. HELP
1 Answer from Attorneys
Problems Selling Home After Bankruptcy Discharge
Check with your Bankruptcy Trustee to see if he will agree to sign papers to acknowledge that he does not want to use the equity in your home to pay creditors. If he agrees (and he probably will), the title company can prepare documents for the Trustee to sign.
Another approach would be to amend Schedule C. This should be easy unless your case has been closed. Even though you have received your Discharge, that alone would not close your case. There would have to be an Order Discharging the Trustee & Closing the Case.
Schedule C is where you list the property that you wish to exempt under state homestead laws. The purpose of exempting property is so you can keep it. I have to ask (rhetorically) why you did not have your home on Schedule C? Is it because you did not think that you had any equity at the time you filed? Or is it because your attorney isn't really an attorney at all or is someone who only dabbles in Bankruptcy & doesn't know any better!
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