Legal Question in Bankruptcy in District of Columbia

recovering abandoned property

I have been told that I need to file a ''petition to lift

automatic stay'' in order to recovery my

''abandoned'' property (real estate) from US

Bankruptcy Court. Is there a form that I can use to

do this?

Thank you


Asked on 2/26/02, 5:58 pm

1 Answer from Attorneys

Joseph Trevino Law Offices of Joseph A. Trevino

Re: recovering abandoned property

You may have a complicated situation here. The motion to lift auto stay is very technical. I am not trying to worry you, but there is really no set form. There are a lot questions, among them, is this a ch 7? and when you say "abandoned" it must mean that the US Trustee abandoned, she is the only one who can do that. You should consult with an attorney. He knows the right questions to ask. In most cases, he will give you a free consult. I guess, bottom line, not every lift stay is the same. You have to plead you case in an appropriate way. What if there is an opposition.? The Debtor in bankruptcy may have a claim on the prop too. Good luck. Call or e-mail if you have any questions. Joe Trevino

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Answered on 2/26/02, 6:43 pm


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