If someone files for bankruptcy, adds their home to it, but then the case gets dismissed, will the courts still be involved in selling the home? I’m hearing that in Georgia, the court might still make you sell at market value even after dismissal. Anyone know if that’s true?
Once the case is dismissed, the bankruptcy court loses jurisdiction, so they usually can’t make you sell the home.
Whitney said:
Once the case is dismissed, the bankruptcy court loses jurisdiction, so they usually can’t make you sell the home.
Good to know. So the court has no say at all after dismissal?
@Avery
Right, but if there’s another legal reason tied to the house, like foreclosure, that’s separate from the bankruptcy court.
In Georgia, the laws might vary. If a foreclosure process started during bankruptcy, it could continue after dismissal.
Kai said:
In Georgia, the laws might vary. If a foreclosure process started during bankruptcy, it could continue after dismissal.
So foreclosure proceedings don’t stop permanently because of the bankruptcy dismissal?
@Avery
Correct. Filing for bankruptcy temporarily halts foreclosure, but once dismissed, it picks up where it left off.
@Avery
If you’re concerned, you might want to check with a local real estate attorney about foreclosure timelines in Georgia.
If the case was dismissed, selling at market value would usually be up to the homeowner, not the court.
Lennon said:
If the case was dismissed, selling at market value would usually be up to the homeowner, not the court.
That’s what I thought. Can creditors still pressure the homeowner to sell after dismissal?
@Avery
They can push for repayment or foreclosure, but forcing a sale isn’t typical unless there’s a court order from a separate case.
The court’s involvement ends at dismissal unless there’s an appeal or other action taken within the bankruptcy case.
Dex said:
The court’s involvement ends at dismissal unless there’s an appeal or other action taken within the bankruptcy case.
So unless the case is reopened or something, the court can’t intervene?
@Avery
Exactly. It would take a new filing or motion to bring the court back into it.
If you’re worried about this, consider consulting a bankruptcy or real estate attorney for clarification. They can explain your rights.
San said:
If you’re worried about this, consider consulting a bankruptcy or real estate attorney for clarification. They can explain your rights.
Good point. Do you think I’d need both types of attorneys, or just one?
@Avery
Depends on the situation. Start with a bankruptcy attorney since they’ll know about dismissals and property issues.
@Avery
Agreed. A real estate attorney might come in if it’s more about selling or foreclosure, not bankruptcy.