Motion to Sell RE LBR 3015-1
Posted: Thu Apr 18, 2013 7:06 pm
This would seek approval of a sale of the primary residence that would fit the rule in that the equity is exempt, and the sale will pay 100% to unsecured creditors. It will also pay off Chase Bank, the only lender.
I'm not clear what the rule means by "notice is not required if the sale of refinance will pay off the plan and the plan allows 100% to the unsecured claims --
I don't expect anyone would object to getting paid in full and sooner, but I've never had this before so I thought I'd ask if anyone who has handled this before would share the experience.
The matter is in SA before Judge Albert, trustee is Mr. Cohen.
Rule below copied from the manual a moment ago.
Thanks for any input. If you wish contact me off list
john@greifendlaw.com
(C) Motion for approval of sale or refinancing of debtor's residence, subject to subsection (p) of this rule, if the entire equity therein is exempt from the claims of creditors; provided, however, notice is not required if the sale or refinance will pay off the plan and the plan allows 100% to the unsecured claims;
The post was migrated from Yahoo.