Selling After Bankruptcy
Can You Sell Your House After Filing Bankruptcy?
If you've filed for bankruptcy and are wondering about the possibility of selling your house, the good news is you can sell your home (and other assets) as soon as the bankruptcy is closed. However, you may be best served by first learning about your options and considerations to keep in mind while you navigate this complex situation.
The Impact of Bankruptcy on Your Home
Bankruptcy is a legal process that allows individuals to eliminate or restructure their debts under the protection of the bankruptcy court. While bankruptcy can provide much-needed relief from overwhelming financial obligations, it can also have implications for your assets, including your home.
The impact of bankruptcy on your home largely depends on the type of bankruptcy you file.
Chapter 7 Bankruptcy
In Chapter 7 bankruptcy, your non-exempt assets, if you own any, are typically liquidated to repay your creditors. Exemptions protect specific assets that you are allowed to keep, and these vary by state. Most states have a “homestead exemption” to protect some or all your equity in your primary residence. If your home equity exceeds the available exemption, there's a risk that the bankruptcy trustee may decide to sell the property to satisfy your debts.
Chapter 13 Bankruptcy
Chapter 13 bankruptcy involves creating a repayment plan to gradually pay off your debts over three to five years. This type of bankruptcy allows you to keep your assets, including your home, as long as you can meet the repayment terms outlined in the plan.
Selling Your Home After Bankruptcy
If you're considering selling your house after filing for bankruptcy, several factors come into play.
- Exemptions
The first consideration is the amount of equity in your home and whether it is protected by available exemptions in your state. If your home equity falls within the exemption limits, it is generally safe from liquidation in Chapter 7 bankruptcy. - Repayment Plan (Chapter 13)
In Chapter 13 bankruptcy, you're allowed to retain your home. However, you must continue to make mortgage payments as outlined in your repayment plan. Falling behind on these payments may result in complications, so it's essential to fulfill your obligations. - Sale Proceeds
If your home has non-exempt equity and you decide to sell it, the sale proceeds may be subject to distribution to your creditors. The bankruptcy trustee will typically oversee this process. - Appraisal and Valuation
Obtaining a current appraisal of your home can help you understand its value in the current market. This information can be valuable when determining the potential proceeds from the sale. - Timing
The timing of the sale in relation to your bankruptcy proceedings is crucial. Consult with your bankruptcy attorney and the trustee to ensure the sale aligns with your bankruptcy plan. - Consult with Legal Professionals
Selling a home during or after bankruptcy can be complex. Because of this, it's generally advisable to consult with both a real estate agent and a bankruptcy attorney.
A real estate agent can provide insights into the current market conditions and guide you through the home-selling process, while a bankruptcy attorney can ensure your actions are following your bankruptcy plan. - Seek Court Approval
In some cases, selling your home during bankruptcy may require court approval. Your bankruptcy attorney can assist in this process to ensure that the sale is legally sound.
Advantages of Selling Your Home After Bankruptcy
While selling your home after bankruptcy may seem daunting, it can have several advantages.
- Financial Relief: Selling your home may help you eliminate or reduce your mortgage debt, providing financial relief and potentially allowing you to downsize to a more affordable property.
- Fresh Start: Selling your home can be a part of your fresh start after bankruptcy. You can use the proceeds from the sale to address your financial situation and rebuild your credit.
- Control: By selling your home on your terms, you gain more control over the process, ensuring that it aligns with your financial goals.
Sell Your Home With 72SOLD and Start Fresh
Selling your home after filing for bankruptcy is indeed possible, but it requires careful consideration and planning.
We’ll help you move forward with your financial recovery by providing expert guidance and quickly getting you multiple offers over what comparable homes in your area are selling for in the current market.
To learn more about our innovative approach to real estate, be sure to visit our website today.
