[WSBAPT] HELP!! Real estate/Bankuptcy/Family Law? question

[Eric Nelsen]

Kirsten--I'm not super experienced on bankruptcy practice, but for what
it's worth--wouldn't this be more of an arrangement between the two
bankruptcy trustees? The Ch. 13 plan calls for logging I assume, and the
Ch. 7 trustee might not want that. Or perhaps the trustees are agreed
because it's the best way to get cash to pay unsecured creditors in both
cases.

 

If that's the case, I would guess that your client doesn't have much
leverage to halt the logging. But I would start by looking at the Ch. 7
trustee's duties, and see if there's a way to argue that your client's
bankruptcy is going to lose out on value if the logging is allowed. Then
maybe the Ch. 7 Trustee will try to halt the logging. But if unsecured
creditors are going to get money from it, I doubt there is a way to stop
it.

 

Obviously the equation would be different if your client weren't
surrendering the property. But since she'll have to move anyway, I agree,
the argument to stop the logging is more difficult.

 

Sincerely,

 

Eric

 

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

 

 

 

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Kirsten Samwel
Sent: Friday, May 23, 2014 12:58 PM
To: wsbapt at lists.wsbarppt.com
Cc: Creditor Debtor Section
Subject: [WSBAPT] HELP!! Real estate/Bankuptcy/Family Law? question

 

Hi listmates, 

 

I have a client who owns a piece of property with an ex-significant other.
This land has timber on it.  Without tons of detail, my client was trying
to re-fi and her ex refused to cooperate.  My client has filed a Ch 7 and
in that has indicated she intends to surrender the property.  Her ex has
filed a Ch 13, and supposedly intends to reaffirm or redeem.  The mortgage
on it has not been paid by either party in years.  Now, the ex has
informed client that he is going to log the property. My client still
lives on it.  They have both had 341 meetings, but no discharge for her
yet and his plan is still waiting confirmation.  Is there anything she can
do to stop him?  Does she even have a right to due to her intent to
surrender it?  I am putting this onto the other list serves as well since
I not sure how to deal with this. Any sort of pointers, comments, etc.
would be truly welcomed.  




Kirsten A. Samwel

Attorney at Law

Samwel, Cousineau & Shea, PC

700 W. Evergreen Blvd.

Vancouver, WA  98660

Ph:  (360)750-3789

Fax:(360)750-3788

kirstensamwel at gmail.com

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