Legal Question in Bankruptcy in Virginia

Bankruptcy Code 363 (h), (b), (1)

I am looking for memorandum that would counter this code. I am the Defendant in a suit my husband's (Debtor) Chapter 7 Trustee has brought forcing me to sell my house. My husband has been discharged in bankruptcy; Support and Equitable Distribution are pending. We are tenents in entirety, however, according to Va. State's Vandinberg Formula at least 85% is to my credit as I paid the mortgage and a substantial downpayment with non-marital funds. Until we reach ED we don't know what proceeds from the sale (if any) my husband is entitled to. It serves no purpose at this time as all proceeds will go into an eskrow account and creates further hardship as we will not have a home. I did file a Motion To Dismiss, but they want suppoting evidence. Thank you for any help you can give.


Asked on 3/24/09, 3:25 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Bankruptcy Code 363 (h), (b), (1)

You certainly need to have an experienced bankruptcy lawyer working on this matter. I have handled these cases and would be pleased to discuss it with you.

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Answered on 3/24/09, 4:08 pm


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