Ch. 13 Debtor's Motion to Sell Real Property
Posted: Thu May 11, 2017 6:53 pm
Is this a prepetition divorce decree or a postpetition divorce decree? Ifpostpetition was relief from stay granted before the decree was entered?
Why is the decree requiring distribution not subject to the automatic stay?
Is the debtor the only one on title? How is the Chapter 13 trustee goingto view the proceeds? Any gain considered income which must be paid intothe plan? Otherwise, if none of the answers to those questions raises
issues, just list the property and disclose that a condition of escrow isbankruptcy court approval of the sale terms.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 5/11/2017 5:57:18 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
Client is currently in a ch. 13 and needs to sell her house pursuant to adivorce decree. I have never filed one of these Motions before. The case is
in Riverside with Judge Houle. When in the selling process do I file this Motion? Looking over the Motion it looks like the house needs to be in
escrow already? Do I file this once there has been an accepted offer? Thank you
for the advice!
Andy Nguyen
Nguyen Law Group
(909) 285-9333
Is this a prepetition divorce decree or a postpetition divorce
decree? If postpetition was relief from stay granted before the decree was
entered? Why is the decree requiring distribution not subject to the
automatic stay? Is the debtor the only one on title? How
is the Chapter 13 trustee going to view the proceeds? Any gain considered
income which must be paid into the plan? Otherwise, if none of the answers
to those questions raises issues, just list the property and disclose that
a condition of escrow is bankruptcy court approval of the sale
terms.
Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)
In a message dated 5/11/2017 5:57:18 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
Client is currently in a ch. 13 and needs to sell her house pursuant
to a divorce decree. I have never filed one of these Motions before. The case
is in Riverside with Judge Houle. When in the selling process do I file this
Motion? Looking over the Motion it looks like the house needs to be in escrow
already? Do I file this once there has been an accepted offer? Thank you for
the advice!
Andy Nguyen
Nguyen Law Group
(909) 285-9333
The post was migrated from Yahoo.