The property owner is in the process of filing for bankruptcy. Her lawyer is telling her that she cannot sell her home because some of the paper work has already been sent in and the court date has already been set. Is this accurate information. the only reason she filing is because she can’t afford to the house payment. It seems to me that if she sold her home she would not have to file for bankruptcy. It almost feels like the lawyer is only interested in the money they are getting for the filing of the bankruptcy. Can the the home owner still sell her home to prevent the foreclosure and bankruptcy? Any feedback would be appreciated.
The bankruptcy filing should stop the foreclosure, giving them more time to sell their home. I never heard that you can’t sell your home before your court hearing on the filing. I’m not a lawyer, but your client might want to meet with an unbiased one that knows something about the subject to find out for certain.
Filing bankruptcy is one of the last ditch efforts I will do in order to get the extra time needed to sell their property. My experience was a good one in that the owner filed after calling me 5 days before the foreclosure date.
Not being a lawyer, I could only tell them that so and so had done this at this website and filed their papers at the clerks office at the courthouse for this much $$. They understood, did the paperwork themselves and gained the much needed time.
Turns out I found a buyer and they “formerly” withdrew from the bankruptcy filing (important) and got themselves a fresh start.
Seems to me that your clients lawyer is either unethical or there is a different law in your state???
depends on what bankruptcy they filed as far as i understand it once they file the bankruptcy the court will want to take a look at their assets including the house and if they are wanting to sell the house it maybe needed to set up a court date with the judge proving the price you came up with is a fmv price for the house and that their not just trying to ditch off the house to one of their friends or realitives