Filed ch13 pro se, to protect home from loss to scavenger tax sale. Trustee filed for dismissal. Can I sell & pay tax lien $14k

Asked about 1 year ago - Chicago, IL

No outstanding mortgage. Sale price $75k, tax lien $14k, surrender date July 3rd. Is there a gap between dismissal date (Sept 23) and date the stay is lifted ? Can I payoff unpaid tax to county & cash out remaining amount?

Attorney answers (3)

  1. Gilbert Rodriguez Dizon

    Contributor Level 9

    4

    Lawyers agree

    Answered . If your property was sold in a tax sale, there is usually a tax redemption period of 2 years from the date the taxes were sold. In a Chapter 13 you could propose to pay the redemption amount (plus interest and late fees) but that has to be paid off before the redemption period expires.

    Hopefully the tax sale just took place and that the redemption period isn't close to expiration. If your case is dismissed, you may be able to refile a Chapter 13 if the current case is not dismissed with a 180 day bar from you refilling. Sometimes trustees ask for a bar from refilling if people file pro se and did nothing to get the case moving forward for confirmation or if repeated cases were filed and dismissed. But, if you do refile, be sure to get a lawyer this time.

    Also, if you plan on selling the property, the closing must take place before the redemption date expires and the sold taxes can be paid off at closing and you can keep the remainder of the sales proceeds.

    The answers posted by this attorney is not intended to be legal advice but a general answer to common and/or... more
  2. Stuart Bradley Handelman

    Pro

    Contributor Level 11

    1

    Lawyer agrees

    Answered . The stay goes away when a judge grants a creditor's motion to lift the stay, or when a case is dismissed.

    Your best bet would be to find a local lawyer immediately and try to save the current case.

  3. Carl H Starrett II

    Contributor Level 16

    Answered . You need an attorney right away. Here's a good choice:

    Melanie Pennycuff, Esq.
    Kreisler Law, P.C.
    2846A North Milwaukee Avenue
    Chicago, IL 60618
    773-394-6400

    First, the firm is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy.... more

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