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Obligation to Sell Real Estate Between Unmarried
I think he can force sale if she refuses to do so. As such, probably
nondischargeable.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Patrick Green
Sent: Monday, March 28, 2011 6:16 PM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Obligation to Sell Real Estate Between Unmarried
Couple
I think this turns on whether her remedy in state court would qualify as a
claim under101(5)(b). His remedy in state court seems to be equitable, i.e
getting an order to sell. If she doesnt comply, are there monetary damages
available to bf? I am not sure how his damages would be measured, as her
ability to sell is highly speculative.
It seems to me the remedy he would want from her is either cooperation in
doing a short sale or damages. If she doesnt comply, then he would have
the right to a monetary damage claim which is a claim under 101(5)(b) and
therefore dischargeable.
Pat
Patrick T. Green, Esq.
Fitzgerald & Green
Attorneys at Law
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
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