Legal Question in Bankruptcy in Georgia

Voluntary dismissal/sale of home

I am down to unsecured part of plan, have maybe 4 creditors left, selling home to build another, will be in position to pay plan off. Don't have time to wait on permission to sale...closing is too fast/approval from court too slow. Voluntary dismissal is an option...pay off plan...pros, cons ? Current house is owner financed, was re-financing and waiting on approval when offer came along that couldn't be passed up. Also have opportunity to build new house, possibly owner financed w/ same builder. Buyer wants closing on July 13, not enough time to get permission to sale. Go for the dismissal ?? Pro/Con ?


Asked on 7/06/01, 11:54 am

1 Answer from Attorneys

Lee Morgan Morgan & Morgan

Re: Voluntary dismissal/sale of home

While under a Chapter 13 plan, you cannot sell property without permission from the court. You should contact your attorney about terms of voluntary dismissal.

DISCLAIMER: It is not possible to give specific legal advice based on the limited information in your query. Information in our response should be considered general information only and NOT advice specific to your situation. Furthermore, no attorney � client relationship is intended to be created by this correspondence. You are not a client of Morgan & Morgan Attorneys at Law, P.C. unless and until we specifically agree to represent you and the appropriate fee contract has been signed.

You should not rely on this information alone in deciding your course of action. We recommend that you speak to an attorney of your choice and seek specific advice and representation.

Morgan & Morgan Attorneys at Law, P.C is licensed to practice law in the state of Georgia only. The general information contained in our response is based on Georgia law. If you or another party to your dispute resides in another state, the information provided may not be applicable.

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Answered on 7/17/01, 11:29 am


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