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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I have a short sale that was about to close and the borrower

Customer Question

I have a short sale that was about to close and the borrower filed a chapter 13 the day before the sale date of her primary residence. She did not report the short sale property (her 2nd property) on her list of assets to the bankruptcy court as she believed the deal was closed. Since the funds for the short sale came in after she filed the short sale lender cannot accept the funds. I called the borrowers lawyer to see if we could get a letter from the trustee of the bankruptcy court granting permission to sell the property and his secretary gave me the impression that he was not willing to do it and was unaware of this asset. The borrower does not seem to want to do anything and decided her daughter can live there until it forecloses, though they cannot foreclose on it since a bankruptcy was filed. Can anything be done? Very desperate and have not yet informed the buyers who are relocating from France.Can the bankruptcy be dismissed and if so how? And how long will it take?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 7 years ago.

I am the JustAnswer expert that will be helping you today. I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information.

You will want to file a Motion for Relief from Automatic Stay. If you prevail, you may continue your action in state court as if the bankruptcy had not been filed.

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