While the case is pending, the debtor would need court permission to obtain assets, and I would believe that would extend to the license. Is the debtor interested in keeping the property? if so, the chapter 13
would be needed to stop the foreclosure and cure the arrears. The debtor cannot force them to move on the offer unless it was accepted, because of the verbal nature at this point and the statute of frauds. They may be willing to do so to protect their interests. Why wouldn't the tower company do it directly with the licensing company? If the debtor rejected the contract
and scheduled the tower on schedule F, the lease can be rejected and discharged in the case. Since the debtor has no foreseeable income, the 13 would be nearly impossible to get confirmed. As for strategy, I would suggest to the tower's attorneys, that they should complete the offer, so the debtor can cure the arrears on the property, and the debtor would sign a new contract with them post-bankruptcy if they do, so that they would be protected down the line. I would fear that this might not be in the debtor's best interest though, if he has no income to pay the mortgage in the future, and would open himself up to breach of contract claims with the tower company if he falls behind with the mortgage and it forecloses later if he re-signs a new contract. I would suggest laying out various options for the debtor, and advise him/her of the pro's and con's of each. If the debtor is truly looking for a fresh start, he shouldn't be concerned with the tower company's issues for failure to obtain the proper licensing,and look out for #1 first. Hope that helps. Thanks. let me know if you have any other questions.