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Category: Bankruptcy Law
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I filed Bankruptcy chapter 7. The bankuptcy has been discharged

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I filed Bankruptcy chapter 7. The bankuptcy has been discharged recently. 2 years prior to filing bankruptcy, my mother quick claim her home to me and my 2 brothers. Well, I fail to remove my name from the property and now the trustee wants 1/3 of the property value. What should we do about to keep the property, he threatens to force us to sell the property of pay something to keep the property. My mother is 79 years old and still lives in the house.

Good morning. Unfortunately, if this property was included in your bankruptcy or was left off the bankruptcy but you owned it, the bankruptcy trustee is the better position. He is going to be in a position to take your 1/3 which then in turn gives him the right to force a sale. You will want to try to settle this by paying him to let the 1/3 interest go. In the meantime, you might want to enter into a rental agreement with your mother so that if he does get the 1/3, he must take it subject to the lease.



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