How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask cfortunato Your Own Question
cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
14232603
Type Your Bankruptcy Law Question Here...
cfortunato is online now
A new question is answered every 9 seconds

I bought a home at the Gwinnett County, Georgia (non-judicial

This answer was rated:

I bought a home at the Gwinnett County, Georgia (non-judicial state) courthouse steps on March 1st, 2011 at 11:27 AM. At 3:33 PM, the debtor filed Ch. 13 bankruptcy pro se (184 days after voluntary dismissal of a previous filing). I've looked at the dockett and discovered that he has until the 15th to submit copious quantities of supporting documents. Assuming he does this, I'm planning on attending the "creditors" meeting on April 7th, with representation, I expect. My question is: Since the sale occured before his filing, what are my chances of getting a release of stay so that I can resume the Dispossessory Action on this Tenant at Sufference...Caveat: He is being advised by "Home Rights Advocates", so I expect a deluge of vexatious filings in the future. My nightmare, but a lawyers dream :-)

Hi JACustomer,

In this type of situation, the dispositive factor is when the property actually changed hands, which might and might not have occurred at the time of sale. If the property changed hands (the deed was transferred) before the Bankruptcy was filed, the Bankruptcy will be less likely to affect you.

 

I think this is what you wanted to know. If not, please let me know.
Thank you!

Customer: replied 6 years ago.
The Deed Under Power won't be sent to me for 30 days, but it will reflect the date of sale as March 1st
cfortunato and other Bankruptcy Law Specialists are ready to help you
Customer: replied 6 years ago.
Thank you so much...one last quick question: The home was purchased into my friends LLC, then subsequently Quit Claimed to "Equity Trust Company Custodian FBO Brett T. Peele IRA"; which is my retirement account. I know that a company needs legal representation. However, since this is an asset in my personal account, can I attend the creditors meeting pro se to request a release of stay?

There may not be a need to request a relief of automatic stay, as the property did not belong to the debtor when he filed the Bankruptcy.

However, if the need did arise, you would be able to represent yourself since there is no company involved.

cfortunato and other Bankruptcy Law Specialists are ready to help you
Customer: replied 6 years ago.
Thank you so much for your time and enjoy your weekend