mobile home and bankruptcy

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ajs

mobile home and bankruptcy

Post by ajs » Wed Jun 29, 2005 1:56 pm

I was wondering if there is anyone out there has gone through this same situation and what to do. I own my mobilehome outright but I just recently filed for a chapter 7 BK here in California. I have been trying to sell my home for a couple of months and now I finally have a buyer. Can I sell it while I am in a Bk, or what is the process to do so.

Ed

Re: mobile home and bankruptcy

Post by Ed » Wed Jun 29, 2005 2:17 pm

Hi..

While I have not owned a home yet (hopefully getting approved shortly) I have been thru both a chapter 7 and chapter 13 BK... and DON'T EVER DO IT! :-)

Its sad when you got experience!

Anyways.. while I am no expert... and state laws may vary.. if you filed a chapter 7 already, I would wait until you get your papers saying things are discharged.. once its done, the creditors I think cannot come after that money... but wait till after. If you do it before you get discharged... the courts can take that money and use it to pay off creditors...

rmurray

Re: mobile home and bankruptcy

Post by rmurray » Thu Jun 30, 2005 9:05 pm

This question is best for your attorney...You p[aid him money...now get some service...

Stacy

Re: mobile home and bankruptcy

Post by Stacy » Fri Jul 01, 2005 3:36 pm

Bankruptcy is a hard decision to make...but sometimes it needs to be done in order to move on and be able to eat. Your question is best answered by your attorney since he will be familiar with what works and what doesn't in your district. As far as keeping the house or the proceeds from the sale...it's going to depend on the value of the house and whether you use the federal or state exemptions. If you are filing pro se you may want to utilize some free consults with local bankruptcy attorneys to get a feel about what you need to do and if it seems even remotely 'hairy' I would invest in legal counsel to protect the house until such time you can sell it without losing your investment.

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