Legal Question in Real Estate Law in California

bk,chapter13 selling his house

hi,it is wonderfull to count with you.

one of my clients is selling his house and he was filling a bk chapter 13 two years ago.

now he wants to sell his proprty, the lawyer toll him that he needs a permit from the court to do that and pay $750.00 to get it.

is it true? and what if he sell it without it?

because we are alrready in escrow.

also he has a second on the property wich will be paid off thru escrow procedures.

thank you


Asked on 10/25/03, 10:29 pm

2 Answers from Attorneys
Scott Schomer Schomer Law Group

Re: bk,chapter13 selling his house

If he is under a plan of reorganization, this is probably correct. If he is still in bankruptcy, he cannot sell without court permission. I would be careful about taking steps without legal advice. If you are concerned with the advice you are being given by the attorney, find a bankruptcy specialist and get a second opinion.

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Answered on 10/26/03, 6:50 pm
Robert Mccoy Law Office Of Robert McCoy

Re: bk,chapter13 selling his house

Yes, it is true, unless the case has been dismissed. His other option is to just dismiss the case which should cost no more than $100 in attorney fees.

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Answered on 10/26/03, 8:57 pm


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