If I my bankruptcy was discharged 2 weeks ago but I own a house that I surrendered, can I sell the house now since the Trustee does not have any interest in it?

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If I my bankruptcy was discharged 2 weeks ago but I own a house that I surrendered, can I sell the house now since the Trustee does not have any interest in it?

And I stopped paying the house 6 months ago. Are all the payments and fees regarded discharged and am I now in good standing?

Asked on April 25, 2012 under Bankruptcy Law, Nevada

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Even though the debt that you owed with respect to the home that you surrendered where you received a bankruptcy discharge is no longer owed, you are entitled to sell the home but it is still subject to the lien of the lender. Meaning, for all intents and purposes you can sell the home but you will receive no proceeds from the sale.

I suggest that you consult with your bankruptcy attorney about the discharge that you received and the fact that most likely the lender for your home will most likely foreclose upon it.

The other scenario is that you mak have affirmed your debt on this home in your bankruptcy. If so, you are obligated to make payments on the home. I suggest that you consult with your bankruptcy attorney further as to what debts were discharged and which were not.


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