Who Signs What When Seller In BK?
This is sort of related to my original post on the topic of sellers in BK: http://www.biggerpockets.com/forums/51/topics/52618-is-seller-better-without-bankruptcy-protection-
So the Trustee gives the seller in this case an extension to sell the property while under chap. 13 BK (new deadline: 8/13/10)
Since it has already been established that the seller herself can't sign a p&s agreement while under BK (because technically the property is not hers, it's part of the BK estate), I'm assuming this applies to the seller signing listing agreements with a Realtor as well?
So if the seller wanted to sell the property herself or list it with a Realtor, who signs the agreements? The Trustee? Do I present my agreement to the Trustee? And if the Trustee signs the listing agreement, I guess it's the trustee who accepts or rejects an offer by a prospective buyer?
One last question. In my title searching I found that a lis pendens was filed against the homeowner back in 08/2009 to serve notice that the property was under tax foreclosure. However, the seller was under BK protection at that time. Is the tax f/c valid? I guess if the tax lien holder was able to successfully petition the court to initiate the foreclosure then it IS valid?
Thanks in advance.