What
is bankruptcy?
A provision
of Federal Law whereby a debtor surrenders his assets to the Bankruptcy
Court and is relieved of the future obligation to repay his unsecured
debts. A Trustee in Bankruptcy administers the assets, selling them
to pay as much of the debt as possible. If your seller is in bankruptcy,
the Trustee in Bankruptcy owns the property and is the party to
sign the contract and make decisions. After bankruptcy, the debtor
is discharged and his unsecured creditors may not pursue further
collection efforts against him. Secured creditors, those holding
deeds of trust or judgment liens, continue to be secured by the
property but they may not take other action to collect from the
debtor.
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