How can I get my ex wife to quit claim after she's filed bankruptcy? 6 Answers as of April 21, 2011

My ex wife filed Chapter 13 bankruptcy prior to our divorce being granted. We didn't resolve the community property, and now I want to short sale the property. She has refused to sign a quit claim deed, stating that she has protection from signing anything per her bankruptcy protection. Can I get the Trustee of her bankruptcy to allow the short sale? Or must I request through a court for her to quit claim the property.

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You will need a court order. You need to file a "Motion for Relief from the the Automatic Stay" in the bankruptcy court. this motion is necessary to proceed with the division of marital assets in state court.
Answer Applies to: California
Replied: 4/21/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
You should contact the Bankruptcy Trustee to determine if he/she would object, and then file a Motion for Relief from the Automatic Stay asking for the relief that you are seeking. This is not an action to enter into lightly, and you should seek the assistance of an attorney.
Answer Applies to: New Hampshire
Replied: 4/21/2011
Ferguson & Ferguson
Ferguson & Ferguson | Randy W. Ferguson
I would talk to your divorce attorney or her bankruptcy attorney. If that does not help, you may have to talk to the trustee. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.
Answer Applies to: Alabama
Replied: 4/21/2011
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
I would have to look at your divorce agreement and divorce judgment to answer your question.

Your ex has no good reason not to cooperate.

Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
Answer Applies to: New Jersey
Replied: 4/21/2011
Greifendorff Law Offices, PC
Greifendorff Law Offices, PC | Christine Wilton
Unfortunately, your spouse needs to consent to selling the property and once she is in agreement, you will then need the court's permission. Sounds like you just need to wait.
Answer Applies to: California
Replied: 4/21/2011
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