Monday, September 24, 2018

Bankruptcy: Liquidating Secured Property

     The order discharging a bankruptcy debtor will allow a creditor holding a pre-petition claim secured by a security interest in property belonging to the debtor to pursue his or her interest in the collateral without the need to file pleadings or to further consult the Bankruptcy Court, as long as the property is not property of the estate. More secured creditors are simply waiting until the bankruptcy case is closed before acting to liquidate property because motions for relief from the stay are expensive. In a no asset consumer case, the wait involved is usually not exceptionally long.

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