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cashing out home equity AFTER chapter 7 discharged

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M

major2001

Guest
What is the name of your state? Michigan
I had a chapter 7 bankruptcy discharged a year and a half ago. I kept my home (never missed a payment on 1st or 2nd mortgages) and am considering moving (to be closer to work than the current 40 mile each way commute). If I sell next year, I should have $20-$30,000 after paying off both mortgages and realtor/selling expenses. I will need this to put down on the new home. Can the trustee come back and take any of this money? I recall him saying inheritences or other "windfalls" could be taken within a certain time frame but don't recall the exact number.
Also, I do not recall signing a raffinrmation agreement for either mortgage, just one of my credit cards. It was never suggested by my attorney. Is this a problem? :confused:
 
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cyana24

Member
Should be no problem to sell without having the trustee "take" anything. My ex and I filed separate bk 7's about a week apart and were discharged about a week apart. We had a first and second mortgage I kept totally current. On 12/30/03, slightly over a year since we were discharged, we sold our house and the proceeds were split in accordance to our divorce decree. I was awarded the house (and the payments). We had no problems and there was never any indication in the "sale" paperwork that two bankruptcies were involved (my ex gave the house up but I reaffirmed - but that should make no difference).

You are even further from your discharge then we were so you should be good to go for the sale.
 

kopes

Member
Just had my 341, the trustee said is was 180 days for the inheritance, windfall money that had to be reported. You are way beyond that.
 

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