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Motion to Sell Residence in Chapter 13 and
Only reason I state to strike it out is then there is no question that you are seeking relief different than that contained in the form
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On Apr 5, 2014, at 3:08 PM, "Steven B. Lever" wrote:
Larry, you mean actually strike it out instead of not checking it? I thought judges were touch about making changes to the mandatory forms.
Steve
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I'd strike #5 and attach p & a to the motion. If you serve everyone with the relief you are seeking no party can complain later
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On Apr 5, 2014, at 2:31 PM, "Steven B. Lever" wrote:
Sam;
But isnt a guiding principle of Chapter 13 that while you have to pay more than a liquidation, it is not a liquidation? Youre choosing to reorganize instead, and the property revests to the Debtor unless it is later converted to Chapter 7. Thats why that recent case from last year, I should know the cite, its in our January program materials, says that appreciation in real estate that occurred during a 13 is not Chapter 7 property.
So my concern is the rigged number 5, and Im still wondering if its OK to leave it unchecked.
Steve
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