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Can a bankruptcy trustee distribute proceeds of a section…

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Can a bankruptcy trustee distribute...
Can a bankruptcy trustee distribute proceeds of a section 363 sale of real property of the debtor over the objections of a secured judgment creditor to a bank as first Trust deed holder where the judgment creditor contests the existence, validity and extent of the Bank lien and the property was sold free and clear of the judgment lien with the judgment lien attaching to the proceeds of sale rather than the real property itself? Thank you.
Submitted: 9 months ago.Category: Real Estate Law
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Answered in 21 minutes by:
11/27/2017
Real Estate Lawyer: DrakeLAW, Lawyer replied 9 months ago
DrakeLAW
DrakeLAW, Lawyer
Category: Real Estate Law
Satisfied Customers: 1,038
Experience: Attorney at Drake Law Firm PLC
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Hi, my name is ***** ***** I look forward to helping you, please give me a moment to review and possibly research answers to your question.

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Real Estate Lawyer: DrakeLAW, Lawyer replied 9 months ago

In short, yes the Court can attach the lien to the proceeds of sale until the objection litigation is resolved.

Are the proceeds from the sale enough to pay the judgment lien in full if the deed of trust lien is valid as claimed?

Please kindly rate the question so I may be credited. Thank you. You can still ask follow-up questions.

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