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Chapter 7 Motion to Sell Real Property
While the case is open? What title company do you use?
Sincerely,
*Michael Avanesian, Esq. *
Simon Resnik Hayes, LLP
15233 Ventura Blvd., Suite 250
Sherman Oaks, CA 91403
Tel: 818.783.6251 | Cel: 818.817.1725
*Confidentiality**: *This electronic transmission and its contents are
legally privileged and confidential information and intended solely for the
use of the addressee. If the reader of this message is not the intended
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or written to be used or relied upon, and cannot be used or relied upon,
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or (ii) promoting, marketing or recommending to another party any
transaction or matter addressed herein.
On Fri, May 22, 2015 at 9:47 AM, 'Wesley H. Avery' wavery@rpmlaw.com
[cdcbaa] wrote:
>
>
> Yup.
>
>
>
> *Wesley H. Avery*
>
> * Wesley H. Avery, Esq. Bankruptcy Trustee*
> *wavery@rpmlaw.com*
>
>
>
>
> *28005 Smyth Drive, Ste. 117 Valencia, CA 91355-4023 (661) 295-4674
> (office) (661) 430-5467 (fax)
> (661) 618-7376 (cell) *
>
> [image: cid:part1.03050307.05030101@bklaw.com]
>
> * Certified Specialist*
> *Bankruptcy Law*
>
>
> *State Bar of California Board Certified*
> *Business Bankruptcy Law*
> *American Board of Certification*
>
> CONFIDENTIALITY NOTICE: The information contained in this e-mail
> transmission is intended only for use of the individual or entity named
> above. This e-mail transmission , and any documents, files, previous
> e-mail transmissions or other information attached to it, may contain
> confidential information that is legally privileged. If you are not the
> intended recipient of this e-mail transmission, or the employee or agent
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> error, please immediately notify us by return e-mail transmission or by
> telephone at (661) 618-7376, and destroy the original e-mail transmission
> and its attachments without reading it or saving it in any manner. Thank
> you.
>
>
>
>
>
>
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Friday, May 22, 2015 9:33 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* RE: [cdcbaa] Chapter 7 Motion to Sell Real Property
>
>
>
>
>
> If they say that a debtor needs a motion to sell in a Chapter 7 case, then
> you are dealing with the wrong person at the title company. I have had
> many clients sell properties during chapter 7 cases and all that we have
> ever needed was abandonment of the property.
>
>
>
> Frank X. Ruggier, Esq.
> Certified Bankruptcy Specialist *
> 15760 Ventura Blvd., Suite 880
> Encino, CA 91436
> Tel: (818) 796-3529
>
>
>
> * certified by the State Bar of California Board of Legal Specialization
>
> [image:
> http://ls.calbar.ca.gov/LinkClick.aspx? ... c%3d&tabid>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com
> ]
> *Sent:* Friday, May 22, 2015 9:28 AM
> *To:* CDCBAA List Serve
> *Subject:* Re: [cdcbaa] Chapter 7 Motion to Sell Real Property
>
>
>
>
>
> From a technical, legal perspective, Larry and Dennis are correct, all you
> need is for the property to be abandoned and there is theoretically no
> obstacle to sale. The problem is the title company will not be happy
> without a motion to sell. You will need to have both.
>
>
>
>
> Sincerely,
>
>
>
> *Michael Avanesian, Esq. *
>
> Simon Resnik Hayes, LLP
>
> 15233 Ventura Blvd., Suite 250
> Sherman Oaks, CA 91403
>
> Tel: 818.783.6251 | Cel: 818.817.1725
>
>
>
> *Confidentiality**: *This electronic transmission and its contents are
> legally privileged and confidential information and intended solely for the
> use of the addressee. If the reader of this message is not the intended
> recipient, you are hereby notified that any dissemination, distribution,
> copying or other use of this message and its contents is strictly
> prohibited. If you have received this transmission in error, please reply
> to us immediately and delete this message from your directory.
>
> *IRS Circular 230 Disclosure:* To ensure compliance with requirements
> imposed by the IRS, please be advised that any U.S. federal tax advice
> contained in this communication (including any attachments) is not intended
> or written to be used or relied upon, and cannot be used or relied upon,
> for the purpose of (i) avoiding penalties under the Internal Revenue Code,
> or (ii) promoting, marketing or recommending to another party any
> transaction or matter addressed herein.
>
>
>
> On Fri, May 22, 2015 at 7:58 AM, easky1@yahoo.com [cdcbaa] cdcbaa@yahoogroups.com> wrote:
>
>
>
> Christine:
>
>
>
> If you don't know, Larry Simon, who just answered this question, is a
> trustee. Once the trustee files a no asset report the trustee has
> basically admitted the estate cannot make enough money selling the
> property. Some trustee, like Larry, might help you with an abandonment,
> but it costs money to process an abandonment and so some trustees will tell
> you to move to compel abandonment. If you don't get an affirmative answer
> from the trustee, right away, process your motion.
>
>
>
> d
>
>
>
>
>
While the case is open? What title company do you use?Sincerely,Michael Avanesian, Esq.Simon Resnik Hayes, LLP15233 Ventura Blvd., Suite 250Sherman Oaks, CA 91403Tel: 818.783.6251 | Cel: 818.817.1725Confidentiality:This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.IRS Circular 230 Disclosure:To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
On Fri, May 22, 2015 at 9:47 AM, 'Wesley H. Avery' wavery@rpmlaw.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Yup.
Wesley H. Avery
Wesley H. Avery, Esq.
Bankruptcy Trustee
wavery@rpmlaw.com
28005 Smyth Drive, Ste. 117
Valencia, CA 91355-4023
(661) 295-4674 (office)
(661) 430-5467 (fax)
(661) 618-7376 (cell)
Certified Specialist
Bankruptcy Law
State Bar of California
Board Certified
Business Bankruptcy Law
American Board of Certification
CONFIDENTIALITY NOTICE: The information contained in this e-mail transmission is intended only for use of the individual or entity named above. This e-mail transmission , and any documents,
files, previous e-mail transmissions or other information attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient of this e-mail transmission, or the employee or agent responsible for delivering
it to the intended recipient, you are hereby notified that any disclosure, dissemination, copying, or other use of this transmission or any of the information contained in or attached to it is strictly prohibited. If you have received this e-mail transmission
in error, please immediately notify us by return e-mail transmission or by telephone at (661) 618-7376, and destroy the original e-mail transmission and its attachments without reading it or saving it in any manner.
From: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
Sent: Friday, May 22, 2015 9:33 AM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Chapter 7 Motion to Sell Real Property
If they say that a debtor needs a motion to sell in a Chapter 7 case, then you are dealing with the wrong person at the title company.
I have had many clients sell properties during chapter 7 cases and all that we have ever needed was abandonment of the property.
Frank X. Ruggier, Esq.
Certified Bankruptcy Specialist *
15760 Ventura Blvd., Suite 880
Encino, CA 91436
Tel: (818) 796-3529
* certified by the State Bar of California Board of Legal Specialization
From:
cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
Sent: Friday, May 22, 2015 9:28 AM
To: CDCBAA List Serve
Subject: Re: [cdcbaa] Chapter 7 Motion to Sell Real Property
From a technical, legal perspective, Larry and Dennis are correct, all you need is for the property to be abandoned and there is theoretically no obstacle to sale. The problem is
the title company will not be happy without a motion to sell. You will need to have both.
Sincerely,
Michael Avanesian, Esq.
Simon Resnik Hayes, LLP
15233 Ventura Blvd., Suite 250
Sherman Oaks, CA 91403
Tel: 818.783.6251 | Cel: 818.817.1725
Confidentiality:This electronic transmission and its contents are legally privileged
and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents
is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.
IRS Circular 230 Disclosure:To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax
advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.
On Fri, May 22, 2015 at 7:58 AM,
easky1@yahoo.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Christine:
If you don't know, Larry Simon, who just answered this question, is s basically admitted the estate cannot make enough money selling the property. Some trustee, like Larry, might help you
with an abandonment, but it costs money to process an abandonment and so some trustees will tell you to move to compel abandonment. If you don't get an affirmative answer from the trustee, right away, process your motion.
d
X-Attachment-Id: 1b45e161a5ace5f2_0.1
X-Attachment-Id: 1b45e161a5ace5f2_0.1
The post was migrated from Yahoo.
charset="UTF-8"
If they say that a debtor needs a motion to sell in a Chapter 7 case, then you are dealing with the wrong person at the title company. I have had many clients sell properties during chapter 7 cases and all that we have ever needed was abandonment of the property.
Frank X. Ruggier, Esq.
Certified Bankruptcy Specialist *
15760 Ventura Blvd., Suite 880
Encino, CA 91436
Tel: (818) 796-3529
* certified by the State Bar of California Board of Legal Specialization
The post was migrated from Yahoo.
From a technical, legal perspective, Larry and Dennis are correct, all you
need is for the property to be abandoned and there is theoretically no
obstacle to sale. The problem is the title company will not be happy
without a motion to sell. You will need to have both.
Sincerely,
*Michael Avanesian, Esq. *
Simon Resnik Hayes, LLP
15233 Ventura Blvd., Suite 250
Sherman Oaks, CA 91403
Tel: 818.783.6251 | Cel: 818.817.1725
*Confidentiality**: *This electronic transmission and its contents are
legally privileged and confidential information and intended solely for the
use of the addressee. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution,
copying or other use of this message and its contents is strictly
prohibited. If you have received this transmission in error, please reply
to us immediately and delete this message from your directory.
*IRS Circular 230 Disclosure:* To ensure compliance with requirements
imposed by the IRS, please be advised that any U.S. federal tax advice
contained in this communication (including any attachments) is not intended
or written to be used or relied upon, and cannot be used or relied upon,
for the purpose of (i) avoiding penalties under the Internal Revenue Code,
or (ii) promoting, marketing or recommending to another party any
transaction or matter addressed herein.
On Fri, May 22, 2015 at 7:58 AM, easky1@yahoo.com [cdcbaa] wrote:
>
>
> Christine:
>
> If you don't know, Larry Simon, who just answered this question, is a
> trustee. Once the trustee files a no asset report the trustee has
> basically admitted the estate cannot make enough money selling the
> property. Some trustee, like Larry, might help you with an abandonment,
> but it costs money to process an abandonment and so some trustees will tell
> you to move to compel abandonment. If you don't get an affirmative answer
> from the trustee, right away, process your motion.
>
> d
>
>
>
From a technical, legal perspective, Larry and Dennis are correct, all you need is for the property to be abandoned and there is theoretically no obstacle to sale. The problem is the title company will not be happy without a motion to sell. You will need to have both.Sincerely,Michael Avanesian, Esq.Simon Resnik Hayes, LLP15233 Ventura Blvd., Suite 250Sherman Oaks, CA 91403Tel: 818.783.6251 | Cel: 818.817.1725Confidentiality:This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.IRS Circular 230 Disclosure:To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
On Fri, May 22, 2015 at 7:58 AM, easky1@yahoo.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
The post was migrated from Yahoo.
Colleagues,
This is the first time I have a chapter 7 client needing to sell her real
property before the case is concluded so as to avoid a foreclosure by a
private junior and very aggressive lender.
The trustee has filed a no asset report because there is not enough equity
to clear for his taking for creditors.
Is the motion to sell a self drafted motion for chapter 7? I see a form
motion for chapter 13. Can I fashion my self drafted motion around the
form motion for a 13?
Your input is appreciated.
Thanks, Christine
Christine A. Kingston, Esq.
Law Office of Christine A. Kingston
5011 Argosy Avenue, Suite 3
Huntington Beach, CA 92649
Office: 714-533-9210
Fax: 714-489-8150
Email: attorneychristine@gmail.com
Blog: www.losangelesbankruptcylawmonitor.com
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