Experience Visit http://www.bklaw.com for more information on bankruptcy in general and Mark J. Markus in particular. Many questions are answered on the web page (hint, hint). The Markus webpage also contains more information on
Education/Credentials J.D., University of Arizona 1990. B.A. Economics, California State University, Northridge 1986. For more details please click here
Question I have a client I am doing a short sale for who has already filed for BK. I saw in a previous question that a BK attorney can file a motion to compel adandonment. What is this motion and what does it do? With this motion filed, will a lender still let the homeowner proceed with the short sale? Please advise, thanks!
Answer The mere filing of the motion to abandon does nothing. If the court approves the motion, then the Trustee's interest in the asset reverts to the debtor to do with as he/she/it pleases, including seeking a short sale on the property.