Can I sell a house during a Chapter 13 bankruptcy? - Bankruptcy Law Questions and Answers- LawQA.com

Free Answers to your Legal Questions by Lawyers.
ask »


Can I sell a house during a Chapter 13 bankruptcy?

I am about 17 months into a 60 month Chapter 13 bankruptcy. Only I filed, not my husband, and our mortgage is in his name only. So I am wondering if we are able to sell our house and if so, how it will affect my filing?

Answer By Kevin Heupel
Heupel Law
Contact this Attorney Now

Yes, a home can be sold while in an active Chapter 13 bankruptcy, but it requires the Bankruptcy Court’s approval. You need to file a motion to sale with the Bankruptcy Court. Without a court order, the home cannot be sold. In terms of how it affects your case, it depends on your income, type of debts, and your confirmed Chapter 13 plan.

Answer Applies to: Colorado
Replied: 8/10/2011

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
Contact this Attorney Now

You can probably do this, I do not know the terms of your order of confirmation. Worst case, you need court approval which you can get by filing a motion.

Answer Applies to: California
Replied: 7/31/2011

Answer By Alan D. Walton
Breckenridge and Walton
Contact this Attorney Now

Yes. You will probably have to amend your schedules to show the change in payments, since you will no longer have one. And add rent or a new house payment as appropriate.

Answer Applies to: Michigan
Replied: 7/31/2011

Answer By Kevin Ryan
Ryan Legal Services, Inc.
Contact this Attorney Now

yes, subject to court approval. Any net proceeds may have to be turned over to pay off your Ch 13 Plan, however. Discuss with your attorney.

Answer Applies to: Ohio
Replied: 7/30/2011

Answer By Mark Markus
The Law Office of Mark J. Markus
Contact this Attorney Now

You can sell the house, but it requires court approval and you will likely have to turn over any proceeds above your homestead exemption (if any) to the Trustee in your case if you are paying less than 100% to your unsecured creditors. You really need to consult with a bankruptcy attorney about this if you are not already represented by one.

Answer Applies to: California
Replied: 7/29/2011

Ashman Law Office
Contact this Attorney Now

You would likely need court permission and need to discuss that with your lawyer.

Answer Applies to: Georgia
Replied: 7/29/2011

Answer By Eric Benzer
Eric J. Benzer, Attorney at Law
Contact this Attorney Now

Yes.

Answer Applies to: Maryland
Replied: 7/29/2011

Law Office of Maureen O' Malley
Contact this Attorney Now

You need to get approval from the court and have a good reason.

Answer Applies to: Virginia
Replied: 7/29/2011

Law Office of Felipe A. Malo, P.A.
Contact this Attorney Now

No you can't sell any asset while bankruptcy is pending

Answer Applies to: Florida
Replied: 7/29/2011

Judith A. Runyon, Esq. Attorney at Law
Contact this Attorney Now

Not without court approval

Answer Applies to: California
Replied: 7/29/2011

© 2017 MH Sub I, LLC. All rights reserved.
Terms & Conditions | Privacy Policy | IB Cookie Policy