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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38901
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I am a creditor and my Xwife has filed Bankruptcy Chapter13.

Customer Question

I am a creditor and my Xwife has filed Bankruptcy Chapter13. I have bought the home from the court order to satisfiy the amount of money owed at the sheriff sale. I was supposed to be paid on 8/4/10 or get the home. Bankruptcy was just filed last week. How is this bankruptcy going to affect the collection of the money or the home I am to receive tomorrow? Can she still sell the home while in bankruptcy?
Xwife failed to report earnings during discovery and moved assets that were frozen and I have not been able to get before a judge on this matter yet. Should I put this matter as part of the amount of money owed me?
Can I do a Discovery Motion on the Xwife while this is going on? If so How?
Am I better off as a creditor if her assets exceed the amount of the assets or the other way around?
Would Xwife still liable for the assets that she did not report to the court during the discovery so I could collect at a later date?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 6 years ago.

If the sale occurred prior to your ex's filing of the bankruptcy petition, then you own the property, subject to the regular rules of redemption that may permit your ex to recover the property. Otherwise, the sale is void, and your ex still owns the property, subject to the court lifting the automatic bankruptcy stay and permitting another sale.


See In re Glenn, 760 F.2d 1428 (6th Cir. 04/16/1985).


Hope this helps.


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