Legal Question in Bankruptcy in Florida

I am the creditor in a bankruptcy case with my debtor. There is personal property involved (manufactured home on a rental lot) and it was filed 12-1-2009. The court's creditor meeting was today and the bankruptcy has not been discharged yet. How long do I have to wait before I can advertise the home to sell ?


Asked on 1/13/10, 3:21 pm

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

You can't.

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Answered on 1/18/10, 4:05 pm
Robert Wilcox Wilcox Law Firm

I assume from your answer that you have a lien on either the mobile home or you own the lot.

When the case was filed, the "automatic stay" came into effect, and that is essentially a "wall" prevents creditors from (a) trying to collect a debt from the person filing the case (the "debtor") and (b) taking any action relating to the debtor's property. You cannot sell the debtor's property, even if you have the right under non-bankruptcy law to do so, without the approval of the bankruptcy court. There are specific procedures you must follow to get that approval.

The creditor's meeting does not affect the stay issues at all. Once the debtor's "discharge" is entered, the stay is lifted unless there is a specific order to the contrary. You could then assert your state court rights with regard to the manufactured home, except that you may take no action directly against the debtor to collect the debt.

If this sounds confusing, that's because it is complicated and there are penalties for violating the bankruptcy laws.

Robert Wilcox

(904) 281-0700

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Answered on 1/19/10, 12:19 pm


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