0
What else can I help you with?
Can you sell your house while in bankruptcy?
You cannot sell your property during a bankruptcy proceeding. If a bona-fide offer is made to purchase the property a motion is filed for permission to sell. If allowed, an order is issued by the court that frees the property from the bankruptcy so it may be sold free and clear of your bankruptcy by the trustee. The proceeds from the sale will then be controlled by the trustee in bankruptcy.
Can a bankruptcy trustee look back to a sale of an asset prior to filing for bankruptcy?
Yes. And, if the sale of the asset is deemed fraudulent, or just unfair, the trustee can seek to "avoid" (i.e. cancel) the sale and drag the asset back into the bankruptcy estate.For example, if the debtor sells his 2009 Chevy Corvette for $10 to his dad and then files bankruptcy, you can bet the trustee will seek to avoid that transfer as a fraudulent transfer and the trustee will grab the Corvette.Or, if someone sells the debtor a 1974 Ford Pinto with no transmission for $1,000,000 before the bankruptcy is filed, again the trustee will likely avoid the sale and go get the money back since the debtor was treated so unfairly.Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts and law, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Speak to a lawyer for specific advice. If you have any questions, please refer to a lawyer in your jurisdiction. Thanks!
Can you sell personal property when filing bankruptcy?
When filing bankruptcy all assets are placed in a bankruptcy estate. Some assets are allowed to be protected and qualify for an exemption by the trustee. Items that are placed in exemption are permitted to be sold, but the trustee should be notified prior to the sale.
Can you sell your property in bankruptcy and what happens to the funds of the sale?
Yes you can sale your home but the bankruptcy court will take the proceeds from the sale and disburse them to your creditors that you owe. No, everything except your selected exempt property belongs to the bankruptcy estate, as of the moment you file, and it can only be sold by the bankruptcy trustee, with permission of the court, to satisfy your debts in an orderly fashion.
Can you sell property before filing bankruptcy?
Yes but the trustee can seek to include the money received in your estate. If you have sold it to family or friends to avoid losing it in bankruptcy, the trustee can have the sale reversed.
You surrendered your home in a chapter 7 bankruptcy It has been sitting empty for 2 plus years It is not even for sale Is it possible to repurchase your home?
YES. Most likely what happened is the bankruptcy trustee auctioned the residence to somebody who is holding it till they can get a better resale price on the market. Find the owner of record and contact them or their agent for real estate. If the bankruptcy trustee has not auctioned the residence yet, then the bankruptcy procedure might not be complete and they probably are waiting till some time in the near future when the residence can be auctioned for more than the bankruptcy exemption value (which the bankruptcy trustee should provide to you upon sale of that asset). A bankruptcy trustee should not have reservations about reselling an asset back to the bankrupt person, but it would be a cash sale for some amount (determined by the trustee) in excess of the exemption figure (set by state regulation). If your bankruptcy procedure has been completed officially, and the residence has not been auctioned by the court yet, then there may be some legal problem with the handling of your bankruptcy and you might inquire with the court about the disposition of the residence in that bankruptcy case (if the bankruptcy trustee was wrong to take the residence for auction, then that decision might be changed).
Can a idividual sell a ATV included in a bankruptcy?
Yes, an individual can sell an ATV during bankruptcy, but there are important considerations. If the ATV is not exempt under bankruptcy laws, the bankruptcy trustee may require its sale to pay off creditors. Additionally, the individual must disclose any sale of assets in their bankruptcy filing. It's advisable to consult with a bankruptcy attorney to understand the specific implications and requirements.
If you put a bid in for a home for sale by Aegis Mortgage Corp and they have filed for bankruptcy will they still be able to sell it to you?
You can buy it from the bank
Can a wife deed a half interest of her solely owned real property to her spouse without the approval of the chapter 13 bankruptcy trustee?
No. All transfers, sale, purchase of property or any major financial transaction must have the consent of the trustee in charge of the chapter 13 bankruptcy. The state of residency is not relevant, nor whether it is a federal or state bankruptcy.
Could the US government take the proceeds from the sale of you home if you have a judgment against you because of a student loan and you filed bankruptcy?
Yes. Federally funded student loans are not dischargeable in bankruptcy.
Where can one purchase trustee for sale?
One can purchase trustee sale, such as foreclosure property. One important thing to note about buying the trustee sale, it is a cash only type of purchase.
After discharge on a chapter 7 bankruptcy can the trustee take your truck which is paid for?
If the vehicle was not included as non-exempt property in the BK petition it is considered exempt from sale and seizure.
