Legal Question in Bankruptcy in Tennessee

Selling a Home Under Bankruptcy

Is it possible, with the lawyers and judges consent to sell a home that is under bankruptcy. The reason for bankruptcy was forclosure on the home. This way, it could be sold and not taken by the bank, the bankrupcty could be dismissed, with no forclosure on the credit reports.


Asked on 3/02/01, 8:34 pm

1 Answer from Attorneys

James R. Becker, Jr. Becker Law Firm

Re: Selling a Home Under Bankruptcy

It is possible to sell a home that is an asset of an estate in bankruptcy. However, you must have the agreement of the bankruptcy trustee and the secured creditor (mortgage holder) must not be impaired in its security interest. Then you must get the approval of the court to sell the house. What all of this means is you will usually need the agreement of the trustee, creditor and bankruptcy judge. It's usually not a simple and clear cut issue, but it can be done. If you are being represented in the bankruptcy, you need to speak with your attorney to work out the details of this action and to discuss the issues.

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Answered on 4/30/01, 9:35 am


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