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Leasing of debtor's primary residence
I answer differently. Section 1303 gives the debtors the powers of a trustee under section 363(b), to lease, "after notice and a hearing". , so I would move to approve lease on negative notice.
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________________________________
To: "cdcbaa@yahoogroups.com"
Sent: Friday, November 2, 2012 2:16 PM
Subject: Re: [cdcbaa] Leasing of debtor's primary residence
No. If the rent is more than the monthly mortgage payments and expenses then the Trustee may file a motion to modify the plan payment upward.
Law Office of Catherine Christiansen
________________________________
To: cdcbaa@yahoogroups.com
Sent: Friday, November 2, 2012 1:38 PM
Subject: [cdcbaa] Leasing of debtor's primary residence
Dear Listserv
I have debtors in a chapter 13 who are planning on leasing their
residence. They will be moving in with family. Do they require court
permission to lease their residence? I could not find anything on this.
Thanks again for your continued assistance,
Silvia
The post was migrated from Yahoo.
No. If the rent is more than the monthly mortgage payments and expenses then the Trustee may file a motion to modify the plan payment upward.
Law Office of Catherine Christiansen
________________________________
To: cdcbaa@yahoogroups.com
Sent: Friday, November 2, 2012 1:38 PM
Subject: [cdcbaa] Leasing of debtor's primary residence
Dear Listserv
I have debtors in a chapter 13 who are planning on leasing their
residence. They will be moving in with family. Do they require court
permission to lease their residence? I could not find anything on this.
Thanks again for your continued assistance,
Silvia
The post was migrated from Yahoo.
Dear Listserv
I have debtors in a chapter 13 who are planning on leasing their
residence. They will be moving in with family. Do they require court
permission to lease their residence? I could not find anything on this.
Thanks again for your continued assistance,
Silvia
The post was migrated from Yahoo.