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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 17525
Experience:  B.A.; M.B.A.; J.D.
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Hello...I have lost totally confidence in my bk attorney...hoping

Resolved Question:

Hello...I have lost totally confidence in my bk attorney...hoping you can give a straight answer to a question.

I am in bankruptcy and am attempting to close escrow on my home as a short sale. My attorney filed a motion "order granting debtor's motion to sell debtor's real property at a short sale". This motion was filed with the courts on 6/10/09, and on 6/26/09 the he followed up with the request for order being granted. No creditor opposed.

The title company is saying that rule 6004(g) applies and must wait 10 days AFTER the judge signs the order to record title to the new buyer. My attorney is saying NO there is no waiting period because this is an signed order by the judge to grant authorization of the short sale.
Who is correct....tried of the run around by both parties.
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 7 years ago.
The applicable rule here is actually Rule 6004(h) which states:

"An order authorizing the use, sale, or lease of property other than cash collateral is stayed until the expiration of 10 days after entry of the order, unless the court orders otherwise."

Thus, the title company is correct in its general assertion that it must wait 10 days after the expiration of the order in order to record title to the new buyer.
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