Legal Question in Bankruptcy in California

Including real estate firm in bankruptcy

I recently filed ch 13 to avoid foreclosure. my home is currently for sale and I am unhappy with the performance of my realtor and sent a release form to them to sign, which would immediately expire our contract. They feel they have done a good job and want $5000 to release the contract. This is not acceptable and so I want to know if I can include their company in the ch 13 to allow me to go with another realtor. If I can, what would I be required to pay them through the bankruptcy?


Asked on 7/19/02, 7:30 pm

1 Answer from Attorneys
Alvin Tenner Law Office of Alvin G. Tenner

Re: Including real estate firm in bankruptcy

It is up to the bankruptcy judge. If you signed the realtor agreement after filing Ch13, then there is very little you can do. However, if it is your intent to use your equity to pay some debts, then you just might have a case to be released from the contract.

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Answered on 7/20/02, 12:02 pm


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