Expert: Terry Leeders - 6/28/2007

Question
My mother and I own a home I am primary on the mortgage.  I just sold the home and purchased a new one in my name.  My mother filed bankruptcy back in Jan 2007.  I have a closing date on the home I own w/ Mom and the buyers closing atty called and said we have to get permission from the court to sell the home. My Mom has contacted her atty's office but cannot get past the paralegal who says this could take 8 to 10 weeks to get to court.  Is there a faster way to get permission to sell the home.  My mother will not receive any money from the sell and she is paying the court monthly on her bankruptcy.  The closing is scheduled in 3 weeks.   HELP!

Answer
Hi Dana,

Mom would need to bring a motion in bankruptcy court to obtain permission to sell the home.  The notice period is 20 days, so realistically should take about a month to be heard in court.  You will need to contact your real estate attorney and advise them that they may need to extend the closing date.  Hope that helps.
Thanks.