Tupelo, MS asked in Bankruptcy for Mississippi

Q: Can you transfer property while you are in bankrupcy

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1 Lawyer Answer
Robert Gambrell
Robert Gambrell
Answered
  • Bankruptcy Lawyer
  • Hernando, MS
  • Licensed in Mississippi

A: It is possible to transfer property while in a bankruptcy proceeding. To do that, your attorney must file a motion to authorize the sale or transfer of the property. In some instances, a property can be sold for less than the total amount of the liens which are secured by the property. This action would be called a motion to sell free and clear of liens. If the property is being sold and you are entitled to some of the proceeds of the sale because the sales price is greater than the amount that you owe, then you can keep the proceeds if those proceeds are exempt. The judge assigned to your case makes the decision if you are allowed to sell or transfer the property, if the property can be sold free and clear of liens and if you are entitled to keep any of the proceeds from the sale.

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