I want to sell my condo to pay off my debts, I'm currently on Chapter 13 and I have 2 liens on my property (HOA and child support which are both included in the chapter 13). What is the best way for me to do this to have a smooth sale process. Will I be able to get an approval from the court (ahead of time) so that the chapter 13 and liens do not delay the sale?
In Illinois you need court approval prior to selling your property, I am almost sure that is the same in California-cause will all pretty much follow the same laws. The first thing you do is call your attorney and he or she will instruct you on the best course of action to ensure a smooth sale.
You would have to do a 363 sales motion. The problem is the Trustee may want 11% of whatever you sell the house for! Check with the Trustee and your attorney to see if dismissal is a better option.
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The best way is to talk with your attorney. I have done a number of these and there is always a lot of information you need to provide the Court and the trustee to get these approved. See your attorney.
This is not legal advice and I am not your attorney until you retain my office. Always consult with an attorney in your area before acting on anything you read on the internet.
In the San Francisco Division (where I practice) if it is post confirmation, you only need the trustee's permission to sell the property. Pre-confirmation you would need to file a motion for court approval. Although it sounds like you are post-confirmation, there may be other matters in your case, however, that will require court approval, such as paying off the plan early. Talk to your attorney about the next steps you need to take.
The information provided herein does not create an attorney client relationship and is not a substitute for having a consultation with a bankruptcy attorney. It is important to have a consultation with a bankruptcy attorney as the information provided in this forum is limited and cannot possibly cover all potential issues in a given situation.