developer filed bankrupcy with ordinances

UPDATED: Oct 2, 2022

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developer filed bankrupcy with ordinances

Who is the successor when the developer who was the declarant to the ordinance filed bankruptcy? Simple request like building a detached garage with a finished room above is being denied by the county due to the ordinance, which they claim are guidelines but they won’t provide a permit what contractor is going to get caught up in that red tape? Not a one leaving the homeowner/taxer payer at a loss without a chance.

Asked on July 29, 2019 under Real Estate Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A bankruptcy does not necessarily mean that the developer is out of business or that someone else has taken over their interest: it depends on what kind of bankrutpcy was filed (e.g. Chapter 7 or Chapter 13), how long ago it was filed, what stage the bankrutpcy is at, etc. There is not enough information in your question to answer it. You can get more information about what is happening with the bankruptcy, and who--if anyone (e.g. a bankruptcy trustee; a successor in interest) has taken over the developer's role.

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