You asked: Can you sell your house after Chapter 13 discharge?

So long as you wait 21 days, you maintain your right to sell your home after filing for Chapter 13 bankruptcy. If you want to sell while in Chapter 13, first, you need to file a motion to sell. … If the trustee deems your motion reasonable, your proposal to sell will typically be approved.

What happens to my home after Chapter 13 discharge?

What Happens With My Existing Mortgage? With a chapter 13 bankruptcy, borrowers will not lose their property. You will include details on how you plan on paying your mortgage in your repayment plan. In most cases, an automatic stay is issued once Chapter 13 is filed.

Can you sell your house if you filed Chapter 13?

Generally, you cannot sell, refinance, gift or dispose of any of your property during your Chapter 13 case without the approval of the Bankruptcy Judge. This includes your house, car, appliances, furniture, jewelry, etc. Whether the property was acquired before or after you filed your case does not matter.

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What happens if I sell my house after bankruptcies?

Once the bankruptcy case is closed, the petitioner can sell any remaining assets they still own, including their home. If they still own their home once their bankruptcy case is closed, that means the bankruptcy trustee abandoned the house as an asset of the bankruptcy estate.

What happens when Chapter 13 is discharged?

A Chapter 13 debt discharge is a court order releasing the debtor of all debts that are dischargeable. You don’t have to pay back debts that have been discharged. Creditors are also prohibited from trying to collect debts after the case is finalized.

How soon after a Chapter 13 can I buy a house?

If you want to buy a house after Chapter 13 discharge, there’s no waiting period for an FHA, VA, or USDA loan (provided you meet loan requirements). For a conventional loan, there’s a 2-year waiting period after Chapter 13 discharge.

Does your credit score go up after Chapter 13 discharge?

Your credit score after a Chapter 13 Bankruptcy discharge will vary. … For most individuals, you can expect to see quite a dip in your overall credit score. This is a common result, when you have any type of bankruptcy attached to your credit report.

Can I sell my house if I did not reaffirm?

Since you didn’t sign a reaffirmation agreement on your mortgage, you’re not liable on the debt but the lender still has a lien on the house. … If the mortgage for more than the house is worth, then you can’t sell it unless you get the bank to agree to a short sale.

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What assets are protected in Chapter 13?

You’re allowed to protect, or “exempt,” a certain amount of equity in the property you’ll need to maintain a home and job. If you want to keep nonexempt property, such as a boat, baseball card collection, or another luxury item, you’ll have to pay for it through your Chapter 13 plan.

Can a trustee force a sale?

Refusing to Sell

Can the Trustee do this? No. … If the Trustee wants to keep the home, or some of the other beneficiaries want to keep the home, then they will need to buy out your interest in the home. If they refuse, then you and your lawyer can go to court and ask the court to order a sale of the home.

How long does Chapter 13 stay on credit after discharge?

The bankruptcy public record is deleted from the credit report either seven years or 10 years from the filing date of the bankruptcy, depending on the chapter you filed. Chapter 13 bankruptcy is deleted seven years from the filing date because it requires at least a partial repayment of the debts you owe.

What happens to your house in Chapter 13?

For the most part, you don’t give up any property in Chapter 13 bankruptcy. This means that if you are current on your mortgage, you keep your home. If you are behind on your mortgage or facing foreclosure, Chapter 13 (unlike Chapter 7) allows you to make up mortgage arrears through your Chapter 13 plan.