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.
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A: Need court approval to sell, hire the realtor, hire the closing attorney, and amend the schedules.
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