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Re: Anyone who has an ownership interest or a lienholder's interest can use bankruptcy as a shield

Posted by Karlos on December 28, 2010 at 10:48 AM

In Reply to: Anyone who has an ownership interest or a lienholder's interest can use bankruptcy as a shield posted by Ward-CA- on April 23, 2002 at 7:41 AM

: : Is it the trustor or the owner that can file a BK to delay a sale?

: : I have a pre foreclosure property quit claimed to my trust. Can I buy some time to put a deal together by quit claiming to an LLC (which I can create for $35.00) and then Bankrupting the LLC?

: : Speaking of BK, if a homeowner has filed ch 7 and has been discharged before the trustee sale, can he now quit claim to me without needing the BK trustee's approval?

: : Thanks for the great site.
: : Brian

: =•=•=•=•=•=•=•=•=•=•=

: Brian,

: A property owner can file a bankruptcy to delay a trustee’s sale. Also a beneficiary of a junior trust deed secured by the property in foreclosure can use a bankruptcy to delay the foreclosure sale of the senior lien.

: Yes, you could transfer a property that’s in foreclosure into the name of an existing LLC and then file a Chapter 11 bankruptcy for the LLC to temporarily stop the foreclosure.

: Once a party has been discharged from bankruptcy he is free to negotiate and sell whatever he owns on his own without the further approval of the bankruptcy court.

_________________________________
Question, anybody can answer?
What about if I just tranfer from my name to a Title holding trust.
Can the Trust file BK? what chapter here? Just need temporary delay to finish shortsale.

Help please, tell me the process?

Christian


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