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Giving up redemption rights in a chapter 13

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    Giving up redemption rights in a chapter 13

    Our Chapter 13 was just filed. We are staying in our current home. We had a rental property (actually belonged to my parents) that we have 'surrendered' in the Chapter 13. I have someone interested in buying the home. Obviously we are not 'selling' it to them - that would be a violation of our Chapter 13 agreement. So, my question is: Can we give up the redemption rights so that this individual can purchase the home?

    If you need more info to answer this questions, please feel free to let me know.

    Thank you so much for your help.

    #2
    The property is listed as a surrendered asset in your filing forms, so you don't control the property any longer - your trustee does. Your lawyer could inform the trustee there is a potential buyer for the property, but even if this buyer purchases the home, it will still be listed as surrendered in bk on your credit reports. There's no benefit to you from the sale. (Check with your lawyer to confirm this, of course.)
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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