Legal Question in Bankruptcy in Maryland

Can I sell a house if the Automatic Stay if lifted while in Chpter 13

Automatic stay has been lifted while I am in Chpater 13 bankruptcy. Can I transfer my property to a new buyer without any problem. Will the new buyer have any issues with regards to my bankruptcy situation if I decided not to dismiss it. I understand I should dismiss it, but I need to know if I don't dismiss it.


Asked on 11/23/05, 10:40 pm

2 Answers from Attorneys
Alton Drew Alton Drew, LLC

Re: Can I sell a house if the Automatic Stay if lifted while in Chpter 13

You first have to obtain permission from the bankruptcy court before you transfer property to your potential buyer.

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Answered on 11/27/05, 10:50 am
Michelle Stawinski Bouland & Brush LLC

Re: Can I sell a house if the Automatic Stay if lifted while in Chpter 13

Generally, the automatic stay is not lifted as to all property. It refers only to a specific piece of property (real or personal). If the automatic stay has been lifted as to the real property that you wish to transfer, you will have to discuss with the creditor that obtained the lift of the stay regarding your options. In any event, it is best to review the entire situation with counsel because you may need the Court's permission to transfer the property in any event.

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Answered on 11/28/05, 9:14 am


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