Can you sell your home while in Chapter 7

Can you sell your home while in Chapter 7

Filing for bankruptcy, while undoubtedly one of the most challenging decisions in life, is a path that many have walked before. It’s a decision that can leave you with a mark on your credit for the next 10 years and tons of questions like, can you sell your home while in Chapter 7? It’s important to remember that you’re not the first, and certainly not the last, to face these circumstances. 

Can you sell your home while in chapter 7 Photo by Mikhail Nilov on

Types of Bankruptcy

There are six types of bankruptcies you can file. The most common are Chapter 7 and Chapter 13 Chapter. The others are typically for businesses or organizations. Chapter 7 wipes everything away, leaving you free to restart your life. Chapter 13 bankruptcy allows people to set up a repayment plan without taking away all their assets.

Unfortunately, chapter 13 isn’t for everyone; you must meet some requirements to file. This one is geared more toward people with stable jobs. If you want to sell your home and you have the opportunity to file for Chapter 13, then you should file for Chapter 13 instead of Chapter 7. On the other hand, if you can only file for Chapter 7, then you’re going to have to jump through a few hurdles before you can sell your home.

Filing for chapter 7 is like wiping the financial slate clean. You’re giving the court permission to liquidate all your assets to pay off your debt. This liquidation process includes but is not limited to your house and car. So, can you sell your home while in chapter 7?

Homestead Exemption

The homestead exemption allows filers to keep a portion of their home’s value. The rules vary by state, so you’d have to find out what your state’s laws are. 

Talk to your Trustee

When it comes to selling your home during Chapter 7, it’s not a straightforward process. You’ll need to seek permission from the bankruptcy trustee and ensure you have formal approval. It’s highly recommended to consult with a legal professional to navigate this complex terrain and protect your interests. 

If you wait until after you’ve filed Chapter 7 and all the dust has settled and you still want to sell your house, assuming you still have a house to sell, you can technically sell it at any time after the sale. Before you ask, Can you sell your home while in Chapter 7; you’ll want to make sure that you aren’t going to put yourself back in the same situation you left before you make any moves, though. 

There’s more than one way to sell your home. You could sell to a traditional buyer. Traditional buyers would typically require you to have some sort of financial backing for things like repairs, inspections, and supplies. Selling to a traditional buyer would give you a more significant return on your investment, but since you just filed for Chapter 7, I’m assuming you probably want a different route. 

 Alternatively, you could sell to an investor. Investors typically look for properties located in good areas, so before you consider this option, you should think about where your house is located. If it’s not in a great location, then it will be a little harder to find an investor who is willing to buy your property. If your property is in an ideal area, then investors will be fighting to get your property from you. You don’t need to pay anything. They handle all the repairs and paperwork. You need to have your information in order and sign a contract. 

So to answer your question, can you sell your home while in chapter 7, it may seem like a complex process, it is indeed possible in certain situations. By understanding your state’s rules, consulting with your bankruptcy trustee, and exploring potential buyers, you can navigate these hurdles. Remember, you have the ability to overcome these challenges and make the best decision for your circumstances. 

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