Expert: Mark J. Markus- California Bankruptcy Attorney - 5/21/2009

Question
QUESTION: I reside in the state of Florida.  I have been trying to sell my home (which is in foreclosure).  I finally got an offer and all parties agreed to the sale.  However, I filed bankruptcy BEFORE the sale was completed.  This halted the entire sales process.  I did not know this would happen.  I had my 341 meeting on 5/19/09 so clearly I have not received a discharge yet.  I still want to sell but now the house is in "limbo".  Can you please tell me how to get the sale completed?  I did try talking to the trustee on my case but he said there was nothing he could do.  My attorney has been unresponsive.  HELP!

ANSWER: The Trustee owns your home until he either abandons the property or your bankruptcy case is closed.  If the Trustee refuses to give you authority to sell the property, or abandon it, then your attorney can file a motion to compel abandonment.

What you don't mention is how much you're getting from the sale.  If it is a very small amount or nothing, then why not just let the house be foreclosed on?

---------- FOLLOW-UP ----------

QUESTION: Thank you for your response.  I am trying to complete the sale is avoid a lawsuit by the parties involved in this transaction.  I did sign a contract when the buyer presented his offer.  However, the realtor, buyer and real estate agency were added to my petition and I was told that protects me from a lawsuit.  Does that sound correct to you?

Answer
Unless they have some basis to sue you for fraud (i.e. proving that you intentionally misled them, that you had not intent to sell the property, and they justifiably relied on that to their detriment), any debt you owe to them from the failure to complete the sale will be discharged in your bankruptcy case.