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Reputation Level 14
Answered over 3 years ago.
Chapter 13 Bankruptcy Attorney in Greenbelt, MD.
In addition to what John-Paul said, note that the proceeds of sale may need to be paid to the Chapter 13 Trustee--you may not be able to keep them.
Brett Weiss brett@BankruptcyLawMaryland.com www.BankruptcyLawMaryland.com ***************************************************************** The Small Print: This response is for discussion purposes only. It isn't meant to be legal advice and you shouldn't treat it as such. If you want legal advice, speak with a local lawyer familiar with your state's laws who can review *all* of the facts and the law applicable to your situation. ***************************************************************** 1 person marked this answer as good
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In addition to what both said, you should also consult with your counsel about any exemption monies that you can keep.
The information contained in this answer is general information and should not be construed as legal advice. Use of, or contact via, this Site DOES NOT create or constitute an attorney-client relationship. If you should have further questions, please contact an attorney. 1 person marked this answer as good
Reputation Level 9
Answered over 3 years ago.
Chapter 13 Bankruptcy Attorney in Southborough, MA.
Hi:
You file a motion to sell real estate. See: 11 U.S.C. Section 363, Fed. R. Bankr. P. 2002(a)(2) and 6004, and MLBR 2002-5 and 6004-1. You can also find forms in libraries, and on the Internet. There is a specific form, but it is not difficult. You need also to give notice to All creditors, as well as the Trustee. good luck 3 people marked this answer as good
There are different procedures required in different bankruptcy jurisdictions. In Oregon we send notice to all creditors and, if there is no objection within the specified time we can obtain an order from the court. In our court, it is the practice to revest (give back) all of the property rights to the debtor when a Chapter 13 plan is confirmed. This means that the debtor has the legal rights to transfer their home at that time. In some jurisdictions the right to transfer the property is held in the bankruptcy estate. Whatever the practice in your area, it is important to discuss the sale with your Chapter 13 trustee.
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