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Getting a home deed AFTER file but BEFORE discharge

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    Getting a home deed AFTER file but BEFORE discharge

    My husband is a disabled veteran and we were awarded a mortgage free home from a non profit organization. We have been in the home for a year now and just found out we will be given the deed. We also decided to file bankruptcy because after paying almost $19k in debt this year we still have a long ways to go (I have almost $50k in medical debt alone). We just want to finally be out of this debt and start fresh with no collection call and able to save money (right now everything extra we get we send to pay off debt). The problem is we don't know when we will get the deed in our name. We plan to file the first week of October and we were told to expect the deed anytime between mid October to Jan sometime. It really depends on how many homes they deeded at the same time. We really don't want to wait to file because we have no idea when we will actually get the deed, for all we know the deed wont come in until after the bk is discharged.

    What happens if we file (and we are NOT home owners at the time) but the deed comes before the discharge, now making us home owners to a very large asset. We have talked to one attorney already and he said it wouldn't be an issue because we did not won the home the day we filed. We have another appointment this week to speak to another attorney and I will ask him as well. But I would love insight from other people who may know.

    #2
    Anyone have any suggestions or thoughts?

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      #3
      Since you failed to disclose what state you are in there is no way for anyone to answer your inquiry. Whether or not you get to keep the home depends upon what exemption (if any) you can claim.

      In addition to disclosing the State, you probably need to mention. . .

      1. How long you have lived in that state
      2. Who is the current titled owner (type of agency is ok if you do not want to specify)
      3. Is there any kind of contract between you and the current titled owner

      There are probably a ton of other questions but let's start with answers to the four contained herein.

      Des.

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        #4
        The state matters a lot, some have exemptions for your home.

        The lawyers logic is correct in that your bankruptcy is based on circumstances the day you file. I do believe though there is a part where you are required to disclose knowledge of any change in your financial circumstances in the near future that you foresee. It may only be related to income changes though, not asset changes. That is the part I would look in to. If the house transfers in to your name and you knew it was going to happen when you filed it might be up for grabs.

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