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Motion to Sell Residence in Chapter 13 and Dispositio=
Yes right on point!
In re Burgie, 239 BR 406 - Bankr. Appellate Panel, 9th Circuit 1999
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To: ""
Sent: Thursday, April 3, 2014 7:22 PM
Subject: Re: [cdcbaa] Motion to Sell Residence in Chapter 13 and Disposition of Proceeds
Steve,
Look at In re Burgie. Don't have the cite in front of me
Sent from my iPhone
On Apr 3, 2014, at 6:50 PM, "Steven B. Lever" wrote:
>My client wants to sell her house and move out of state, which I have to believe she can do while in Chapter 13. However, the way the mandatory form reads, at part 5, listed verbatim below, without the boxes, she has no choice but to turn over the funds, unless I can just skip box 5 altogether. That is scary because if the judge doesnt approve it on a 9013 no hearing then Im really holding up escrow. And she certainly will not want the funds handed over to the Chapter 13 Trustee.
>
>Because of the boom in the market lately she has a lot more equi ty than when she filed the case, but that all goes to her, not her creditors, so I dont see why she cannot use the funds for a new residence. I dont want to change the plan at all, just take the home equity and use it elsewhere.
>
>Am I missing something?
>
>Steven B. Lever
>
>5. (a) The chapter 13 trustee is hereby authorized to make demand upon escrow for sufficient funds to pay off the Plan with a:
>100% dividend to unsecured creditors; OR
>% divided as indicated in the confirmed plan.
>After escrows payment of the encumbrances listed above, any remaining funds shall be paid directly to debtor.
>
>Law Offices of Steven B. Lever
>>
>> Steven B. Lever
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>>( Fax (562) 485-6886
>>* sblever@leverlaw.com
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