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It's still about capacity and control...

October 24, 2011 12:14PM
BK laws are Federal, and therefore trump CA civil codes.

From a practical standpoint, I'm not aware of any commercial trustee that would ignore a 9:00 AM filing. The 15 day law pertains to relationback theory and, since the Federal stay is automatic, any transfer if interests within the statute period is affected.

Here's what I've done in the past:

Along with my EPA docs, I've had seller complete and sign the "BK Antidote" which is a Petition for Voluntary Dismisal and Order for Dismissal, which must be signed by judge or clerk. This way, your seller can stop the t-sale with a BK Stay, and you can expedite (and control) the un-bankruptcy action when you've had enough time to complete your due diligence and move forward with the sale. Normally you wouldn't need it but it is helpful if the BK trustee doesn't get a fast 109G Dismissal Order on their own.

You buy time AND control your deal

RicktheProbateGuy.com | Closeprobate.com
Subject Author Views Posted

After Filing BK, How Does Owner Postpone the Bk?

ksquyres 3705 October 19, 2011 03:19PM

Re: After Filing BK, How Does Owner Postpone the Bk?

Rick Harmon 2557 October 19, 2011 04:34PM

No pre-sale bankruptcy notice is required

Ward-CA 2686 October 21, 2011 12:13PM

Ouch!

Kristine-CA 2583 October 22, 2011 02:03PM

Re: No pre-sale bankruptcy notice is required

Mer 2466 October 24, 2011 08:27AM

It's still about capacity and control...

Rick Harmon 2553 October 24, 2011 12:14PM



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