I live in Indiana & want to buy my brother-in-laws home. He divorced & filed chapter 13 bankruptcy.?

[denys]

I called the trustee & was told he needs to contact them or his attorney to file a motion to sell. I want to know if I can purchased the home in my name since we have the same last name? Or if his ex wife can stop me for trying to buy the home. He has tried for yrs. to sell the home to no avail since the wife has been living there without paying anything. (BTW The children no longer live in the home) The house needs some work but it is in a good location with good schools for my children to attend & the payment would be about the same as I am paying now. Anyone have any knowledge of this??

[iomar]

you received good advice -- either the bankrupt person or his attorney has to ask the bankruptcy trustee to file a motion with the bk court to sell the house.

as an asset which throws off no income but incurs expenses, the court will probably look favorably on the motion -- the funds so released will go to the creditors, which is what bk is supposed to arrange.

if this goes forward, the court will then accept offers for the house and make the sale decision. If necessary, it will also clear the property [evict the ex-wife].

while this whole process won't happen overnight, it does seem possible.


and if you do get it -- be certain to change the locks as well as make sure that all other means of entry also lock -- angry ex-spouses have been known to act out in horrible ways.

GL

[aswynn81]

Speak with his attorney if he isn't.