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Can an executor for an estate file a Chapter 13 to save
I don't understand the argument for why this isn't property of the estate
(assuming a bk was filed).
I am pretty comfortable with the statement that Debtor has an equitable
interest, title does not matter, end of story.
Sincerely,
Michael Avanesian
On Sun, Nov 17, 2013 at 8:37 PM, Link Schrader
wrote:
>
>
> With all the crazies jumping on the bks of others to stop sales I expect
> WF would postpone the sale if cousins filed and listed the house as an
> asset which the do have a contingent interest in. I would file and treat
> it like any other sale to be stopped.
>
> I also expect if the sale went through after notice it would violate the
> stay. Cousins do have a claim on the property and WF has a claim against
> the estate.
> On Nov 17, 2013 7:13 PM, "Catherine Christiansen" christiansenlaw@yahoo.com> wrote:
>
>> Thanks Larry, WF saw the equity in the property and gave a demand on
>> Thursday that the entire default cure by the next day or sale date on
>> Monday.
>>
>>
>>
>> Law Office of Catherine Christiansen
>> 17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
>> Tel: (714) 375-6651 Fax: (562) 490-8572
>> attorneychristiansen@gmail.com
>>
>>
>>
>>
>> On Sunday, November 17, 2013 9:44 AM, Larry Webb
>> wrote:
>>
>> Catherine,
>>
>> As usual Mark is correct, however if its not too late; Beneficiary can
>> advance cash to the probate estate and cure the arrears. The Probate
>> estate accounting can show the heirs advanced the cash, and sort everything
>> out in the distribution.
>>
>>
>>
>> Best regards
>>
>>
>> Larry Webb
>> State Bar of California 229344
>> Central District California
>> "A Debt Relief Agency"
>> Check out my Blog
>>
>>
>> Larry@webbklaw. com
>> Law Offices of Larry Webb
>> 484 Mobil Ste 43
>> Camarillo Ca 93010
>>
>> P 805.987.1400
>> F 805.987.2866
>> C 805.750.2150
>>
>>
>>
>> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On
>> Behalf Of *Mark Jessee
>> *Sent:* Friday, November 15, 2013 6:08 PM
>> *To:* cdcbaa@yahoogroups.com
>> *Subject:* Re: [cdcbaa] Can an executor for an estate file a Chapter 13
>> to save the house of the deceased?
>>
>>
>> Decedent s estate can't be debtor in bankruptcy. Cousin could file but
>> no guarantee. Best would have been ex parte in Probate Court, but too
>> late now.
>>
>> Mark Jessee
>>
>> Sent from my iPhone
>>
>> On Nov 15, 2013, at 5:21 PM, Catherine Christiansen > christiansenlaw@yahoo.com> wrote:
>>
>>
>>
>> Title won't vest in the living for another 6 months, when probate closes
>> - house to go to 2 cousins who are able to cure arrears but property not in
>> their name, yet. WF not willing to negotiate on payment plan to cure
>> arrears. About $200,000 in equity. Sale date Monday.
>>
>> Is the fact that they *will have* the property enough of an interest to
>> file the BK in one of the cousins name to stop the foreclosure or does the
>> executor have the authority to file a petition on behalf of the deceased
>> and fund the plan with the beneficiaries contributions?
>>
>> Thanks in advance.
>>
>> Law Office of Catherine Christiansen
>> 17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
>> Tel: (714) 375-6651 Fax: (562) 490-8572
>> attorneychristiansen@gmail.com
>>
>>
>>
>>
>>
> *Link Schrader, Attorney*
> Law Office of Link W. Schrader
> Mail: P.O. Box 3723, Tustin, CA 92781
> Office: 106 W. 4th Street, Suite #308, Santa Ana,
> CA 92701
> Office: (714) 542-5922; Mobile/Text: (310) 413-6924
> San Diego: (619) 952-8342; Fax: (310) 878-4158
> www.schrader-law.com
> ____________________________________________________________
> __________________________________________
> This communication and any files transmitted with it contain information
> which is confidential and may be privileged and exempt from disclosure
> under applicable law. It is intended solely for the use of the individual
> or intended recipient. You are hereby notified that any use, dissemination
> or copying of this communication is strictly prohibited. If you have
> received this communication in error, please notify the sender. Thank you
> for your cooperation.
>
>
>
The post was migrated from Yahoo.
With all the crazies jumping on the bks of others to stop sales I expect WF
would postpone the sale if cousins filed and listed the house as an asset
which the do have a contingent interest in. I would file and treat it like
any other sale to be stopped.
I also expect if the sale went through after notice it would violate the
stay. Cousins do have a claim on the property and WF has a claim against
the estate.
On Nov 17, 2013 7:13 PM, "Catherine Christiansen"
wrote:
> Thanks Larry, WF saw the equity in the property and gave a demand on
> Thursday that the entire default cure by the next day or sale date on
> Monday.
>
>
>
> Law Office of Catherine Christiansen
> 17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
> Tel: (714) 375-6651 Fax: (562) 490-8572
> attorneychristiansen@gmail.com
>
>
>
>
> On Sunday, November 17, 2013 9:44 AM, Larry Webb
> wrote:
>
> Catherine,
>
> As usual Mark is correct, however if its not too late; Beneficiary can
> advance cash to the probate estate and cure the arrears. The Probate
> estate accounting can show the heirs advanced the cash, and sort everything
> out in the distribution.
>
>
>
> Best regards
>
>
> Larry Webb
> State Bar of California 229344
> Central District California
> "A Debt Relief Agency"
> Check out my Blog
>
>
> Larry@webbklaw. com
> Law Offices of Larry Webb
> 484 Mobil Ste 43
> Camarillo Ca 93010
>
> P 805.987.1400
> F 805.987.2866
> C 805.750.2150
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Mark Jessee
> *Sent:* Friday, November 15, 2013 6:08 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] Can an executor for an estate file a Chapter 13
> to save the house of the deceased?
>
>
> Decedent s estate can't be debtor in bankruptcy. Cousin could file but no
> guarantee. Best would have been ex parte in Probate Court, but too late
> now.
>
> Mark Jessee
>
> Sent from my iPhone
>
> On Nov 15, 2013, at 5:21 PM, Catherine Christiansen christiansenlaw@yahoo.com> wrote:
>
>
>
> Title won't vest in the living for another 6 months, when probate closes
> - house to go to 2 cousins who are able to cure arrears but property not in
> their name, yet. WF not willing to negotiate on payment plan to cure
> arrears. About $200,000 in equity. Sale date Monday.
>
> Is the fact that they *will have* the property enough of an interest to
> file the BK in one of the cousins name to stop the foreclosure or does the
> executor have the authority to file a petition on behalf of the deceased
> and fund the plan with the beneficiaries contributions?
>
> Thanks in advance.
>
> Law Office of Catherine Christiansen
> 17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
> Tel: (714) 375-6651 Fax: (562) 490-8572
> attorneychristiansen@gmail.com
>
>
>
>
>
*Link Schrader, Attorney*
Law Office of Link W. Schrader
Mail: P.O. Box 3723, Tustin, CA 92781
Office: 106 W. 4th Street, Suite #308, Santa Ana,
CA 92701
Office: (714) 542-5922; Mobile/Text: (310) 413-6924
San Diego: (619) 952-8342; Fax: (310) 878-4158
www.schrader-law.com
The post was migrated from Yahoo.