Legal Question in Bankruptcy in California

Filed Ch.13 in 2009. Surrendered house in BK. Lender filed a Motion for relief from stay, but withdrew the motion before the hearing date and did not file a new motion. Lender sold house a couple months later. My question; is a lender required to have a Motion granted by the Judge before selling a surrendered house? Or since it's surrendered are they not required to be granted relief from stay?

Asked on 4/30/13, 9:14 am

1 Answer from Attorneys

Stanley Zlotoff Law Offices of Stanley A. Zlotoff

The San Jose form Chapter 13 plan in paragraph 3 provides for relief for surrendered collateral without further order of court

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Answered on 4/30/13, 12:34 pm


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