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Ch 7 California Asset Case Rental Property

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    Ch 7 California Asset Case Rental Property

    I am filing Chapter 7 Bankruptcy in California. I have several rental properties that I intend to keep. Although the rental properties are upside down in overall value, the rent received is enough to pay each mortgage. My attorney told me that there is a rule on the books that has never been enforced but is now being enforced that allows the trustee to receive the rent money received to pay creditors for the 90 days while waiting for discharge. Although if you file a "Motion to Compel" you will not have to turn over the rental income received. The attorney stated that by filing a "Motion to Compel" that the trustee would not be allowed to take the rental income that I would pay to the mortgage company. Is there anyone familiar with us having to submit a motion to compel? If so, what is the success rate when filing this document?

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