Legal Question in Real Estate Law in California
Trust Bankruptcy
I have property in an Illinois Trust that I used as collateral for a loan, which is currently within the 30-day default-notice period. Can I BK the Trust to stall off the Trustee Sale?
1 Answer from Attorneys
Re: Trust Bankruptcy
Probably not. Only "business trusts" can file for bankruptcy. Trusts that are used primarily to hold property are probably not business trusts as meant under the Bankruptcy Code.
Your question, by the way, is a bit confusing because when you use the phrase "trustee sale" we can't be sure whether you mean a sale by the trustee of your Illinois Trust, or a trustee under some deed of trust who has a power of sale over certain collateral.
Also, the 30-day default-notice period you mention deserves more detail. Is this period set up under some private agreement, such as the loan agreement, or is it a statutory period under some applicable law? You asked this as a California law matter, but the trust is evidently a creature of Illinois law.
Please re-ask with more details, or contract me directly off LawGuru.
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