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Motion to sell home with husband in Ch 13?

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    Motion to sell home with husband in Ch 13?

    My husband filed Ch 13 in May and we are now getting a divorce. We need to sell the house. How do you file a motion to sell a home? Can he just quit claim the deed of the house? Will the bankruptcy courts take anything we make on the sale?

    How can I protect myself since I didn't file?

    I'm in Washington.

    Thanks.

    #2
    You need to discuss this with an attorney to help protect your interest in the home especially since you are divorcing.
    Even though you didn't file, your income is part of the Chapter 13 program I'm sure....
    Is you name on the deed and mortgage??
    No he cannot quick claim the deed to you. Anything he does has to be approved by the Trustee including the selling of the home.
    And yes if the Trustee finds funds available out of the sale of the home they will be applied to the debts with the creditors.

    Minny
    Last edited by Minnymouth; 11-18-2005, 11:32 AM.
    Minny

    "It's amazing the paths that our feet sometimes follow in life".

    My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

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      #3
      Motion to sell home with husband in Ch 13
      Which one can you get more money from? Is the husband included with the house or sold seperately?
      State: MI
      Filed: 09/09/05
      341 Meeting: 10/19/05 - DONE - My Experience
      Last Day For Objections: 12/19/05
      Case Closed: 01/13/06 (Friday The 13th!)

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        #4
        Originally posted by SleeplessInMI
        Which one can you get more money from? Is the husband included with the house or sold seperately?

        smackity, smackity, smackity

        smackity, smackity, smackity

        You fully deserve that!

        Comment


          #5
          Originally posted by shawnrw1024
          My husband filed Ch 13 in May and we are now getting a divorce. We need to sell the house. How do you file a motion to sell a home? Can he just quit claim the deed of the house? Will the bankruptcy courts take anything we make on the sale?

          How can I protect myself since I didn't file?

          I'm in Washington.

          Thanks.
          1- Your hasband needs to let the trustee know of his intention. some need to look to your hasband plan before can give you an accurat advise.
          WWW.BKFORUM.COM

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