How can I get possession of my house back (it was not exempt) from my bankruptcy estate?

Asked over 1 year ago - Clearwater, FL

I had to surrender the home that I was renting out, because I couldn't own two homes. I owned, and was living in, a mobile home. The trustee of the bankruptcy estate sent a letter to my tenants demanding that they begin sending her the rent monies beginning Oct '12 and on January 1, 13, my tenant called me and told me that her hubby and her had split, that she couldn't afford the rent on her own and was informing me that Jan. would be her "last month" (they paid 1st/last and sec. to move in) and when could she get her "sec. dep" back? I told her at the exit walkthrough. This tenant has not vacated and has not paid the trustee since Dec. I filed to evict two weeks ago after I received the "discharge of debt", thinking that since the home is still in my name, I had that right.

Attorney answers (3)

  1. Earl David Maxwell

    Contributor Level 12


    Lawyers agree

    Answered . You need to consult with a lawyer in your Florida jurisdiction asap that is familar with both Chapter 7 and Chapter 13. You can own two homes in a Chapter 13 and collect the rent. In a Chapter 7 the property is part of the bankruptcy estate and by law under control of the Chp 7 Trustee, not you. This is why it is hazardous to try to go it on your own as the average person does not know or understand his/her rights, remedies, or options and they are not simple.

    If this answer has helped you, please mark it as Best or Helpful Answer. This communication is intended as... more
  2. Scott Benjamin Riddle


    Contributor Level 20


    Lawyers agree

    Answered . You need (and needed) a lawyer badly if you have un-exempt real property and rental income. That is who can answer your questions as there are many important details and important questions you did not ask. The short answer to your immediate issue is that the Trustee may very well view your actions as interfering with the administration of the estate. That is something that can affect your discharge. Basically, you are asking us to guess what the Trustee is going to do with the property and/or the rent. One person knows that - the Trustee.

  3. Derek R. Caldwell


    Contributor Level 19


    Lawyers agree

    Answered . I agree with Mr. Riddle that you need an attorney to assist you with this. If your rental home was not exempt under FL law, then until the Trustee finishes administering the estate by either selling the property or by abandoning it, then even if the home remains in your name, it is not really yours and your taking any action or attempting to exert any control of the property is asking for serious trouble.

    DISCLAIMER: This message is intended as a general discussion of legal issues and not as a statement of fact, legal... more

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