How Do I Take My Primary Residence out of a Chapter 7 Bankruptcy?

My husband and I filed Chapter 7 while we were foreclosing on an investment property, to wave any financial responsibility. Our primary residence was supposed to be excluded from the bankruptcy, but 2 years later we realized it had been included?

As long as you continue to make your mortgage payments you shouldn’t have a problem. You are still the titled owner of the property and have the right to sell or refinance. When you go through bankruptcy all of your creditors receive notice and are subject to the discharge, however, just because they have not been reporting on your credit does not mean you should have any problem. For credit reporting purposes you can always request that the lender send you a reaffirmation agreement. This may or may not be right for you and you should speak with a lawyer before signing such a document. Good luck.