From when a bankruptcy case opens until the case is closed or the trustee abandons property, the property is controlled by the trustee. If the value increases, the trustee can sell the property at the increased value and use the proceeds of that sale to pay the his fees and the creditors. Trustees are ALWAYS open to negotiating a cash payment rather than the sale of property. Property sales are expensive - realtor commissions, appraisals, closing costs - and uncertain - sometimes there are no buyers when a property is put on sale. By negotiating a settlement for cash instead of selling the property, the trustee avoids all these problems.
Answered on Jul 28th, 2016 at 5:20 PM