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Margaret Toal
  • Homeowner
  • NY
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Selling a house before or after bankruptcy

Margaret Toal
  • Homeowner
  • NY
Posted

I am on the brink of filing bankruptcy. I currently have my house on the market. IF it sells, I MIGHT net almost $90k, but it looks like I may have to settle for considerably less. I live in NY which has a $50k homestead exemption. I have $180K in other debt. I don't know at what amount a trustee would be interested in taking the house. I have three questions: If I sell the house before I file, can I keep the $50k amount of the homestead exemption if I use the remainder to pay creditors? If the house isn't taken in bankruptcy and I sell it after discharge, will the bankruptcy court take anything over the $50k, and for how long? If I lease the house with an option to buy I file, how will that be handled in the bankruptcy? HELP! and thanks!

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