Asked in Bankruptcy and Real Estate Law for California

Q: Is it allowed for a judge to distribute an estate that is still in the midst of a chapter 13 Bankruptcy?

Our million dollar estate was distributed while it is still in the bankruptcy trustees control and I do not believe a relief of stay was granted to distribute the estate. In any case I was awarded one of the homes while my X got everything else . My home is encumbered 100% and is to be sold since I cannot take over the loan. I have 30 days now to vacate. I don't even think they can sell it as it is still in a bankruptcy. I had no attorney, I was denied fees from the estate to get one and I have lost my livelihood (a jointly owned business making over 1 million a year) and everything including a vehicle he sold that I used. The judge is not found of me to say the least and other than the lies hes bought I don't know why. I'm sure he can do whatever and has pretty much told me to appeal and I would loose. My X even has the children whom he has alienated me from and I have not spoken with for a year and now I am scared to ask the judge for my already court ordered visitation- HELP

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2 Lawyer Answers
Harlene Miller
Harlene Miller
Answered
  • Bankruptcy Lawyer
  • Irvine, CA
  • Licensed in California

A: Your question presents a very complicated case and issues; I believe, much more than can be responded to in this forum. I urge you to contact an experienced bankruptcy attorney in your area to arrange a consultation to go over in detail what has occurred and what your options might be.

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Consult a competent bankruptcy attorney immediately so you don’t lose any more. The fact the estate was disbursed Without relief from the stay may be your saving grace but you need to act fast!

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