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bankruptcy

Posted by Walter on February 07, 2004 at 8:49 AM

I have been talking to a homeowner whose house was foreclosed on and is scheduled for sheriff's sale next week. The homeowner had filed chapter 13 bankruptcy and the case is still active. However, the lender obtained relief from the bankrupcty stay and is proceeding to sell the property.

I have a few questions:

1. If I get enter into an agreement of sale with homeowner to buy his house,what do I have to do to get the approval (if needed) of the bankruptcy court/trustee?

2. How likely is the bank (or its attorneys) to call off or postpone the sheriff's sale to allow me time to do whatever I need to do with the bankrupcty court and proceed to settlement?

3. What motivates the Bank to even consider postponing a sale to help the homeowner, after the homeowner has been thwarting the Bank by filing bankrupcty?




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