I am not a Trustee in Bankruptcy - you might want to contact yours regarding this one, but I'll give it a try. My knowlege of the Canadian BIA is from the perspective of a creditor, and I'm certainly not an expert.
If your are not discharged from bankruptcy, your trustee basically holds all of your assets in trust, so you actually can't sell them yourself during bankruptcy without involving the Trustee. Sometimes the Trustee has no interest in a property, and if so, they will file paperwork to that affect. They should have put a registration on the title of your property when you went bankrupt. If you didn't declare this property, then you have a problem, as creditors can still go after you for that property. In addition, it is an offence under the BIA, so your discharge may be opposed.
If there is equity, and the property isn't sold, the Trustee often gets you to pay in an amount equivalent to the equity.
If you are discharged, then I believe you could sell it whenever you want, but your Trustee should let you know about that.
2007-01-12 12:05:00
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answer #2
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answered by CanadianBlondie 5
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Any time you want. Bankruptcy means your debts (or some of them) are written off. You can sell your home, but you will have to pay off the mortgages and other liens on it. If you sell the home while the bankruptcy is still pending in court, then the money your clear on the sale might come under the control of the bankruptcy trustee to be used to pay off the other debts. If you sell the home once the bankruptcy is final (and allow another 30 or 60 days for an appeal) then the money you clear should be free of claims of the debtors whose debts were written off by the bankruptcy court.
2007-01-12 12:45:58
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answer #3
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answered by AnOrdinaryGuy 5
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