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Do I need to send a copy of the filing a motion for the court's permission to sell my house, to all the creditors?

Torrance, CA |

I'm in Chpt 13 and I'm filing a motion for the court's permission to sell my house. I have a long list of creditors, both secure and unsecured. Do I send all of them a copy of this filing?

Attorney Answers 4


Yes. In addition, you need to file the certificate of service with the court indicated you had notified them.

This answer in no way creates an attorney-client relationship. The answer is not a complete answer and requires additional facts in order to provide the best options. The submitter accepts the risk of relying on such an incomplete answer and waives any claims of damages for doing so. As stated in the answer the submitter should contact a qualified bankruptcy attorney is discuss these issues further before any action is taken. Any action taken without advise and counsel of a qualified attorney is inadvisable.

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Yes you do need to provide copies of the notice to every creditor listed in your bankruptcy case, as well as the Trustee, as the all creditors have the right to be heard on this issue.

Hope this perspective helps!

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This answer is not to be considered a response to a specific legal issue in a specific jurisdiction - it is to be considered only a general response to a hypothetical scenario posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction.

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Yes. Notify all creditors as they may want to be heard regarding the matter and must be provided the date of the hearing to provide an objection if they so choose to file one.

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