My Home is Being Sold in My Bankruptcy. Do I Have to Move Now?


Dear Steve,

Hello,I filed a chapter 7 in NH a month back and the trustee is selling the house to settle the estate (no mortgage involved, house is owned outright). I have been informed from my lawyer that she will receive $120k from homestead protection after the sale. The trustee wants me to move out within 45 days or she will be paying rent (which will be deducted from the $120k), I will also have to pay elec and utilities, trustee will pay property tax.

My question is if I move out and have another legal address, is that not considered abandoning her homestead rights? Will I still get the $120k of homestead equity if i move? Also if the house does sell and I am still living in it, how soon will she need to move out after the sale? I read somewhere that I have 6 months, but that could be wrong.



Dear Beverly,

These are great questions to make sure you are on the same page with your attorney. There is no way anyone on the internet could give you specific answers since these involve your situation and both state and federal law. Only an attorney who is licensed in New Hampshire can answer these questions.


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