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Real property sale after filing
If she sells, she does not have to make 60 Payments on the mortgage, and the UST can file a 707 motion.
She cannot sell. The estate owns the property.
If the debtor needs the payment to pass the means test:
Tell this debtor not to list the property. To forget about anything but paying for the property until the bk is closed.
Sent from my iPhone
On Dec 30, 2009, at 1:41 PM, "Matthew Gary Evans" wrote:
Central Dist of CA:
I filed a C7 bk for a client earlier this month. Sched A listed real property, statement of intent said retain and pay pursuant to K.
Client calls me today and says she wants to sell the house and is meeting with a real estate agent.
Can client sell the house? I thought the house was now (post-filing) part of the bk estate and that the only person who can sell it is the trustee. I think I need to tell the client not to sell the house, and to amend the SOI to reflect her intent to surrender the house. Is this correct? If not, can someone point me in the right direction?
Thank you.
____________________________________
Law Office of Matthew Gary Evans
Matthew Gary Evans, Esq.
16 North Marengo Avenue, Room 219
Pasadena, California 91101
Tel.: (626) 405-9448
Fax: (626) 768-7565
Cell: (213) 842-6645
Email: matthew@matthewgaryevanslaw.com
www.matthewgaryevanslaw.com
www.matthewgaryevanslaw.net/Bankruptcy
please visit my blog at matthewevanslaw.wordpress.com
Member: California State Bar, American Bar Association, Consumer Attorneys Association of Los Angeles, Central District Consumer Bankruptcy Attorneys Association, National Association of Consumer Bankruptcy Attorneys, Pasadena Chamber of Commerce
NOTICE: This message is intended only for the individual named. If you are not the named addressee please do not disseminate, print, or copy this e-mail. Please notify the sender immediately by reply e-mail if you have received this e-mail by mistake and delete this e-mail from your system. Thank you.
If she sells, she does not have to make 60 Payments on the mortgage, and the UST can file a 707 motion.She cannot sell. The estate owns the property.If the debtor needs the payment to pass the means test:Tell this debtor not to list the property. To forget about anything but paying for the property until the bk is closed. Sent from my iPhoneOn Dec 30, 2009, at 1:41 PM, "Matthew Gary Evans" <matthew@matthewgaryevanslaw.com> wrote:
The post was migrated from Yahoo.
Central Dist of CA:
I filed a C7 bk for a client earlier this month. Sched A listed real
property, statement of intent said "retain and pay pursuant to K."
Client calls me today and says she wants to sell the house and is meeting
with a real estate agent.
Can client sell the house? I thought the house was now (post-filing) part
of the bk estate and that the only person who can sell it is the trustee. I
think I need to tell the client not to sell the house, and to amend the SOI
to reflect her intent to surrender the house. Is this correct? If not, can
someone point me in the right direction?
Thank you.
____________________________________
Law Office of Matthew Gary Evans
Matthew Gary Evans, Esq.
16 North Marengo Avenue, Room 219
Pasadena, California 91101
Tel.: (626) 405-9448
Fax: (626) 768-7565
Cell: (213) 842-6645
Email: matthew@matthewgaryevanslaw.com
www.matthewgaryevanslaw.com
www.matthewgaryevanslaw.net/Bankruptcy
please visit my blog at matthewevanslaw.wordpress.com
Member: California State Bar, American Bar Association, Consumer Attorneys
Association of Los Angeles, Central District Consumer Bankruptcy Attorneys
Association, National Association of Consumer Bankruptcy Attorneys, Pasadena
Chamber of Commerce
NOTICE: This message is intended only for the individual named. If you are
not the named addressee please do not disseminate, print, or copy this
e-mail. Please notify the sender immediately by reply e-mail if you have
received this e-mail by mistake and delete this e-mail from your system.
Thank you.
Central
Dist of CA:
I
filed a C7 bk for a client earlier this month. Sched A listed real
The post was migrated from Yahoo.