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Old 09-08-2005, 05:31 PM   #1206
Spanky
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Join Date: Feb 2005
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Motion to Compel Abandonment

Quote:
Originally posted by baltassoc
Don't take this the wrong way, but you seriously ought to think about hiring a bankruptcy attorney here. This isn't a particularly complicated matter, but it could be easy to screw up. I don't think it'd cost you very much to get this handled, as bankruptcy attorneys are fairly inexpensive and you'd be a great client (i.e., you'd pay).

(It sounds to me like what you are proposing is simply a settlement of the estate (i.e. all creditors get paid, at least in part, and sign off on the distribution) as opposed to a motion to compel abandonment, which is a request to compel the trustee to give up a claim to an asset that could be part of the estate.)
1) On these deals I spend as little as possible (as many don't pay off), and in addition, I find when I don't hire other lawyers I learn how to do it for next time. In addition, I can't imagine this motion is too difficult. I just need a previous filing to use as a guideline and I will be on my way.

2) The issue is time. I don't have time to sit around and wait for the settlement. I have the deal worked out and need to move the house. Offers from the bank are for a limited time. I am a business man now, not a lawyer, so time is the enemy. Getting the trustee to give up the claim to the asset is exactly what I need to happen so I can purchase the house.
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