Legal Question in Bankruptcy in Pennsylvania

Cash From Sale of Home...Keep or Lose?

Is the cash from the sale of my home considered an asset that must be disclosed in the petition? Can my home be transfered into a relatives name or sold to a relative for a small fee to avoid losing the equity in it?


Asked on 2/11/98, 12:09 pm

1 Answer from Attorneys

Patrick A. T. West Ohio Ticket Defense Patrick A. T. West, Attorney at Law

Bankruptcy - cash from sale of home

If you sell your home within 90 DAYS of filingbankruptcy, the bankruptcy trustee can get anorder from the court that the sale is void andthe trustee can sell the home to raise cash topay your creditors.

If you sell it to a family member within ONEYEAR of filing bankruptcy, the Trustee canget an order from the bankruptcy court declaringthe sale void then re-sell the home to raisecash to pay your creditors. The best bet toavoid loss of your home is to get a mortgagefor at least 2/3 the value of the home, then,after filing bankruptcy, enter into a reaffir-mation agreement with the mortgage holder inwhich you continue making payments as if youhad not filed bankruptcy and you get to keepyour home.

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Answered on 2/15/98, 12:20 am


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