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How to Sell Your House During Bankruptcy in South Carolina

How to Sell Your House During Bankruptcy in South Carolina

If you own a home when you file for bankruptcy, it becomes part of the bankruptcy estate, the property or assets you own. In October of 2022, there was a twenty-seven percent increase in chapter 13 bankruptcy filings over the previous year. Bankruptcies, including all chapters, total a seven percent increase overall, which correlates strongly with the seven percent increase in inflation. Many homeowners are overwhelmed by their debt. As financial issues due to circumstances beyond their control changed their ability to pay creditors, they find they have no option but to claim bankruptcy, which can stop a foreclosure on their primary residence. 

Those with secured and unsecured debts totaling less than $2,750,00 are eligible for chapter 13. However, chapter 7 is a liquidation process in which the trustee sells your assets to pay debts based on your total income, debt, and ability to repay. Often, these homeowners want to sell their houses to solve at least some of their financial difficulties but wonder if it is possible during bankruptcy proceedings. 

While the rules for the process may differ for the type of bankruptcy you file under, and many factors influence the final determination, for most homeowners, the short answer is yes. So read on as we explore how to sell your house during bankruptcy in South Carolina. Please note that this article is for informational purposes, not financial or legal advice.

Court Permission

You’ll need to file a motion with the court for leave to sell real property or approval to sell your house during bankruptcy in South Carolina. You will want to include the selling price, your plans for the proceeds, and names of creditors holding liens on the property. This motion allows your creditors and any trustee to object, with the court determining the disbursement of any funds.

Contingency

In a traditional sale, you’ll need to add a contingency clause to the contract to sell your house during bankruptcy in South Carolina, stating that the sale is contingent upon obtaining bankruptcy court permission. However, under chapter 7, the trustee may determine to sell the house if your home has high unprotected equity under your bankruptcy exemption. With the funds, the trustee pays any secured debts like the mortgage, provides you with the exempted amount you are entitled to and then satisfies any unsecured creditors with a pro ratio share of any remaining funds.

Proceeds

You may wonder what happens to any proceeds after the mortgage is satisfied when you sell your house during bankruptcy in South Carolina. Of course, much will depend on your homestead exemption. However, the proceeds will likely go towards paying any remaining unsecured creditors or paying for the bankruptcy case.

Planned Payments

Under chapter 13, if you sell your house during bankruptcy in South Carolina, you will need to modify your planned payments. Depending on the realized sale value, you may pay your plan off earlier as the proceeds go directly towards the bankruptcy.

Itemized Payoff Statement

To ensure no fees remain to surprise you after you sell your house during bankruptcy in South Carolina, you should request an itemized payoff statement. 

Cash Home Buyers

Don’t hesitate! With competition still driven by low supply and rising interest rates on the horizon, now is the time to cash in on your house, and the best way to sell your house during bankruptcy in South Carolina is to sell directly to the cash investors at Cash Home Buyers. Our policy at Cash Home Buyers is full transparency through every step of the process because we want you to decide which sales method works best for your situation. To that end, a cash investor from Cash Home Buyers will detail your expenditures and potential profits from a conventional listing with an agent, vs. our offer, which you’ll agree is fair. At Cash Home Buyers, we do this because we are your neighbors here in South Carolina, we care about our community and the people in it, and we want you to feel good about working with us long after the deal is closed. 

The seasoned pros at Cash Home Buyers have experience with sellers going through bankruptcy and have the solution you seek, providing you with a guaranteed closing date, charging no commissions or closing costs with no unpleasant surprises. If you’d like to avoid the work and out-of-pocket costs of prepping your house to list on the South Carolina real estate market, a direct sale to the cash investors at Cash Home Buyers is the solution. The cash investors at Cash Home Buyers never charge commissions, and there are no hidden fees. So you can put your wallet away and relax; you won’t even need to worry about showings when you make a direct sale to a cash investor from Cash Home Buyers. For a no-hassle sale of your home during bankruptcy: a cash investor from Cash Home Buyers will buy your house directly, as-is, for cash. Call Cash Home Buyers at (803) 889-0840.

Ben Lovro

Ben Lovro is an entrepreneur with a vision to improve neighborhoods and revitalize the communities that we live in. He has a clear passion for people and has developed effective strategies and real estate solutions in todays rapidly changing market. He is committed to being a lifelong student of Success Strategies and Leadership. Knowing what you want is perhaps the most important step in self-development; this takes much persistence and self examination. Once your desire to serve God overwhelms all other desires, you begin to step into your purpose and your mission in life changes. To be fulfilled in life you have to grow. The art of fulfillment is what develops our life into an expression for others to follow. Some of our greatest moments come from facing our fears and doing the things that scare us the most. You have been given one life, and one chance to tell your story. It's never too late to become the person that want to be.

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