Q: Must you file a motion to obtain court approval to sell this property?
Debtor recently filed a chapter 13 and the plan has been confirmed. There is a property owned by the debtor with the ex-wife that the ex-wife is now fully responsible for, per the divorce agreement, but the debtor's name was never removed from the title. Now ex-wife is looking to sell that house. The problem is, the house was not listed as an asset in the petition but the mortgage bank was listed as a creditor along with a note that the debtor only had an ownership interest and was not liable for the mortgage. Does the debtor need to file a motion for court approval for the sale, if the house was never listed in the petition? And would the debtor need to also amend the petition to now add the house before he can file the motion?
A: Yes, you need approval to sell if his name is on the deed.
Timothy Denison agrees with this answer
A: You really have a very complex situation here. You really need to retain one of the very few attorneys who practices both matrimonial law and bankruptcy. During this pandemic, you have a choice of either seeing your attorney in person or by way of a secure state of the art Zoom Video Conference. So you don’t have to be restricted by geography anymore in terms of choosing an attorney. You can “Meet” your attorney online for an initial strategy session from the comfort of your own home. Through mail, e-mail and electronic filing almost everything can be done without leaving your home, for most types of cases. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
Timothy Denison agrees with this answer
A: Need court approval to sell, hire the realtor, hire the closing attorney, and amend the schedules.
Timothy Denison agrees with this answer
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