Legal Question in Bankruptcy in Oklahoma

Sold Home post-Chapter 13

I have sold my home (thankfully in this market!) but am still in my Chapter 13.

We were to close last week but the closing company discovered that some papers related to the house and the bankruptcy were not present. So now a big delay...

The house was not a part of filing since we wanted to keep it. What is needed? I got a vague description it was an ''Abstract of Title'' and/or ''Order Modifying Automatic Stay''. Does that sound right and does it involve filing in court?

My lawyer is not responding well and this could kill the sale. Can I get another lawyer for this situation? And must it be in the same state? I now live in Chicago.


Asked on 8/20/07, 11:12 am

1 Answer from Attorneys
Charles Dobra Charles Wm. Dobra, Ltd.

Re: Sold Home post-Chapter 13

The practice may vary from jurisdiction to jurisdiction. And keeping in mind that you are a "Debtor in Possession" of your real property, the practice in this jurisdiction (Illinois) is that you have to ask the court for permission to list and sell your real property. This motion must be made in the court in which you filed your BK case. You should contact your OK lawyer or another lawyer familiar with BK work immediately to save this deal. Good Luck!!

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Answered on 8/20/07, 11:55 am


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