Selling Property Preconfirmation in Chapter 13
Posted: Fri Aug 03, 2012 3:12 pm
file a motion to sell preconfirmation. If you wait the year, you will lose the rfs mtn.
authority to sell is in 363, regardless of the way you read the local rule.
d
________________________________
To: cdcbaa@yahoogroups.com
Sent: Thursday, August 2, 2012 2:57 PM
Subject: [cdcbaa] Selling Property Preconfirmation in Chapter 13
Form 3015-1.16 - "DEBTOR'S MOTION FOR AUTHORITY TO SELL REAL PROPERTY
UNDER LBR 3015-1" only seems to contemplate a post-confirmation ("postconfirmation"?) sale of real property. If debtor's plan is to sell real property in order to fund the plan, is it sufficient to indicate this in the plan, then wait for confirmation before listing the property? Or is it necessary to file a separate motion for permission to sell and get it approved before the plan can be confirmed? (This is a VZ case that was filed recently, but confirmation date is nearly a year away--I'm sure lender will file for relief from stay long before then.)
Debtor is retired and has minimal income, but wants to sell the house herself then commit a portion of the nonexempt sales proceeds to the plan. She can't afford to make postpetition mortgage payments for a year, but could possibly keep payments afloat for 2-3 months.
file a motion to sell preconfirmation. If you wait the year, you will lose the rfs mtn.authority to sell is in 363, regardless of the way you read the local rule.d From: clifford_bordeaux <cliff@bordeauxlaw.com> To: cdcbaa@yahoogroups.com Sent: Thursday, August 2, 2012 2:57 PM
The post was migrated from Yahoo.