Legal Question in Bankruptcy in Minnesota

When can I sell my home after filing chapter 7?

We will probably be filing chapter 7 bankruptcy. After that we will be selling our home which has some exempt equity in it. How soon after filing can we sell our home?


Asked on 3/08/04, 4:04 pm

2 Answers from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: When can I sell my home after filing chapter 7?

My preference would be if you were my client to have you wait until after the discharge. That would be 90 days after you file.

This is a question you should talk with your own attorney about. If it was to avoid a foreclosure or something like that, the answer might be different. In other words, there's no one answer. It depends on your circumstances.

I have watched folks at hearings who had filed their own bankrutpcy without the help of a lawyer. That is a really bad idea. Especially when you own a home, it can be a real disaster.

Don't try to do the bankruptcy without an attorney. Good luck.

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Answered on 3/08/04, 5:32 pm
Andrew Nichols Law Office of Andrew B. Nichols

Re: When can I sell my home after filing chapter 7?

There is no set time in which you can sell your home. I would advise you to put the house on the market at the same time you file. Then when you have an actual pending contract you will need to get the bankruptcy judge to give you "permission" to go ahead with the closing. Once you have a meeting of creditors and 30 days have passed you can sell the house without getting the court's permission. However, some mortgage companies may still require an order from the judge. You should definitely get an attorney to help you with these issues. PLEASE READ MY FIRM PHILOSOPHY! I would be happy to talk with you in more detail about your situation. Please call (763) 788-1000.

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Answered on 3/08/04, 5:37 pm


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