Q: My Wife and I are in a chapter 13 case #18003906-5-JNC filed 08/5/18. my Wife has a property that was in the filing but
the stay was lifted and now the foreclosure sale was held today and sold for $55,000.00 . Amount due was 54,622.85 Value Approx $200,000.00. we have tried to set up payment plan with every one and had buyers for property but creditor and buyer today did things to keep anyone else buying it. our attorney says we can not amend our filing to get property back under the chapter 13 protection filed in the Eastern North Carolina District Greenville NC
. What can we do? Thanks
A: It is doubtful you can do anything to preclude the sale unless you can find someway to purchase it and you would need the Courts permission to do so. It is somewhat unusual that the trustee would let a 200,000 piece of property go for 55k bc there’s another 145,000 that could be used to pay your creditors. Consult your attorney and seek a meeting with the trustee for further explanation.
Bruce Alexander Minnick agrees with this answer
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