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Re: This Chap 13 snag...

Posted by Ward-CA- on March 02, 2002 at 7:47 PM

In Reply to: This Chap 13 snag... posted by Alfred, Trainee on February 13, 2002 at 1:03 AM

: Ward,
: Who is that handsome guy in front of the viewing machine in that picture?
: Anyway, I'm working out this BK snag and it looks like I have a solution. SELL THE NOTE AND STILL MAKE A DECENT PROFIT! I've already been courting note buyers and believe it or not some would be interested in buying. Not instiutional buyers but private buyers.
: It would seem best to wait out the 431 meeting and the Confirmation Hearing because the BK could be dismissed up to that point and then I could immediately resume my TTEE sale 10 days later and get cashed out or get the house.
: So, if the debtor's plan is accepted or confirmed at the hearing, making this note a cashflow vehicle instead of a cash out deal, I'll want to sell it.
: But this is what I need to know... as a creditor in this Chap 13 BK, will it be legal for me to sell the note? Would there be any problems or stops? Would I just be able to do the deal and then turn the new Assnmt of TD, etc. over to the Trustee of the BK so that he/she starts sending the payments to the new owner?
: Could you go over this, confer with your hot shot BK attorney, and let me know the actual facts as to whether I can or not? Working the legalities and facts out on this is important to me and your help is much appreciated. Thanks in advance.
: Best, Alfred B.



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