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Re: Is there a way to stop a Trustee Sale besides BK or TRO?

August 22, 2011 10:56AM
What is the device that Trustee Delay Services use? For starters, I don't know the answer.

In each of the last four economic real; estate down cycles that I've witnessed, a group of people come out of the woodwork, selling some "service" to an eager segment of the owner-occupied real estate market. In earlier times it was the Greystone tactic of deeding a fractional interest to another party or entity and filing BK on that party's interest. Even the normally pro-debtor BK judges got tired of that trick.

I had a similar play tried on me several weeks ago whereby the sole owner (from a prior probate distribution) purported to transfer a portion of her interest to a 3rd party, who happened to live in another part of the state and who alleged was concurrently in a BK13. New one for me. We PACERed the other party, and determined that: her BK was not in fact, in effect, and I also learned that not only can you not transfer OUT of a BK estate, but an BK debtor's estate cannot RECEIVE any new assets. Makes sense to me. We determined that we did, in fact, have a valid T-sale and I signed the TDUS as trustee.

Bingo ~ Bango ~ Bop!
Subject Author Views Posted

Is there a way to stop a Trustee Sale besides BK or TRO?

JK (the other JK) 4648 August 21, 2011 11:25AM

Re: Is there a way to stop a Trustee Sale besides BK or TRO?

Rick Harmon 3139 August 22, 2011 10:56AM



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