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debtor entering into lease during CH. 13
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Mark
Look at Sect. 363(b) and (c). If you decide this is "ordinary course of
business" then no need for Court authority under 363(c). Also, you need to
check out 365 to sure you are okay. I don't think you have a 365 problem,
but you should do your own due diligence.
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.
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In a Chapter 13 case, is there any reason a debtor would need court approval (or anyone's approval) to either enter into a new lease, or modify an existing lease, for real property in which the debtor is the LANDLORD (i.e. renting to a tenant)? The tenant is basically providing the income that will fund debtor's plan, so we need to modify the lease (with the tenant's consent).
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Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency
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IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).
In a Chapter 13 case, is there any reason a debtor
would need court approval (or anyone's approval) to either enter into a newlease, or modify an existing lease, for real property in which the debtor is the
LANDLORD (i.e. renting to a tenant)? The tenant is basically providing the
income that will fund debtor's plan, so we need to modify the lease (with the
tenant's consent).
______________________Mark J. MarkusLaw
Office of Mark J. Markus11684 Ventura Blvd. PMB #403Studio City, CA91604-2652(818)509-1173 (818)509-1460 (fax)web: http://www.bklaw.com/This Firm is aQualified Federal Debt Relief Agency___________NOTICE: This Electronic
Message contains information from the law office of Mark J. Markus that may be
privileged. The information is intended for the use of the addresseeonly. If you are not the addressee, note that any disclosure, copy,
distribution or use of the contents of this message is prohibited.IRS
CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS,
we inform you that any U.S. tax advice contained in this communication (or in
any attachment) is not intended or written to be used, and cannot be used, for
the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any transaction or
matter addressed in this communication (or in any attachment).
The post was migrated from Yahoo.