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Does Spouse's Ch 7 property interest trump other Spouse's Ch 11 property interest?
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Majority rule is all assets are in first case.
D
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On Jun 21, 2013, at 1:30 PM, Catherine Christiansen wrote:
> H had Ch 7 discharged.
> W had Ch 11 dismissed.
> Postpetition, prepetition 2nd DOT holder holds improper foreclosure sale. H & W file State Court Action. 1.5 years into the State Court Action Defendants complain asset (State Court COA) not listed on BK's. State Court requests BK cases opened to list asset so State Court has comfort Stay is not violated.
> H reopens his case first to list State Court COA, defendant in State Court offers to purchase the COA from the Ch 7 Trustee, hearing is set for July.
> W then asks court (different BK Judge) to reopen her case to list State Court COA and court is waiting to reopen case until the outcome of the Chapter 7 purchase of the COA by the Defendants. Defendants argue 541 super-succeeds W's Ch 11 interest in residence as H's interest and W's interest are tied up in the Ch 7 pursuant to 541.
> Anyone had this issue before?
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> 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
> This e-mail is private and confidential and is intended solely for the recipient(s) named or otherwise identified herein. If you are not named or otherwise identified as an intended recipient, please delete this e-mail message and any copies thereof and immediately notify Christiansen Law Offices by e-mail or by telephone (562)608-8368.
> Representation Note: If you have not signed a contract of representation, Christiansen Law Offices does not represent you, and this email does not contain any legal advice for you. NOTICE: We are a federally designated Debt Relief Agency under the United States Bankruptcy Laws. We assist people with finding solutions to their debt problems,including filing petitions for relief under the Bankruptcy Code.
> And may you have the power to understand, as all God's people should, how wide, how long, how high, and how deep his love is. Ephesians 3:18 NLT
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The post was migrated from Yahoo.
H had Ch 7 discharged.
W had Ch 11 dismissed.
Postpetition, prepetition 2nd DOT holder holds improper foreclosure sale. Defendants complain asset (State Court COA) not listed on BK's. State Court requests BK cases opened to list asset so State Court has comfort Stay is not violated.
H reopens his case first to list State Court COA, defendant in State Court offers to purchase the COA from the Ch 7 Trustee, hearing is set for July.
W then asks court (different BK Judge) to reopen her case to list State Court COA and court is waiting to reopen case until the outcome of the Chapter 7 purchase of the COA by the Defendants. Defendants argue 541 super-succeeds W's Ch 11 interest in residence as H's interest and W's interest are tied up in the Ch 7 pursuant to 541.
Anyone had this issue before?
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
This e-mail is private and confidential and is intended solely for the recipient(s) named or otherwise identified herein. If you are not named or otherwise identified as an intended recipient, please delete this e-mail message and any copies thereof and immediately notify Christiansen Law Offices by e-mail or by telephone (562)608-8368.
Representation Note: If you have not signed a contract of representation, Christiansen Law Offices does not represent you, and this email does not contain anylegal advicefor you. NOTICE: We are a federally designated Debt Relief Agency under the United States Bankruptcy Laws.We assist people with finding solutions to their debt problems,including filing petitions for relief under the Bankruptcy Code.
And may you have the power to understand, as all God's people should, how wide, how long, how high, and how deep his love is. Ephesians 3:18 NLT
The post was migrated from Yahoo.