Can I sell and buy a home while in Chapter 13? 17 Answers as of October 07, 2013

I filed for chapter 13 in 2010. I have about 2 years to go but would like to sell my house and buy a new one. Is that possible while in Chapter 13? I did not re-affirm my house but have always made timely payments. Thank you.

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Law Office of William Stoddard | William Stoddard
You can sell one, but any proceeds from the sale would have to be used to pay off the Chapter 13 plan first. You cannot buy a home, as you cannot take on any new debt while in Chapter 13. If you thought you could sell and roll over, it does not work that way.
Answer Applies to: Washington
Replied: 10/7/2013
Stephens Gourley & Bywater | David A. Stephens
Yes, but either transaction would have to be approved by the trustee and the court.
Answer Applies to: Nevada
Replied: 10/2/2013
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You can do that. It requires a motion. You should have a competent attorney do this.
Answer Applies to: California
Replied: 10/2/2013
Elkington Law
Elkington Law | Sally Elkington
You will have to get permission from the Court and\or the Trustee. If you can show that this is not detrimental to your financial situation, and in fact helps you financially, your attorney can file the appropriate motion to allow you to sell and repurchase. In some jurisdictions this is difficult to do, but may be worth a try.
Answer Applies to: California
Replied: 9/30/2013
Goldsmith & Guymon
Goldsmith & Guymon | Marjorie Guymon
Yes, you may sell your home an buy a new one in chapter 13 with court approval.
Answer Applies to: Nevada
Replied: 10/1/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If you are paying 100% of your unsecured creditors then maybe,, if not then you will not be able to.
    Answer Applies to: New York
    Replied: 10/1/2013
    Charles R. Chesnutt, P.C.
    Charles R. Chesnutt, P.C. | Charles R. Chesnutt
    Yes, but depending on the state and your exemptions, it could get complicated. You should have a court order. Failure to re-affirm should make no difference.
    Answer Applies to: Texas
    Replied: 10/1/2013
    Portland Bankruptcy Law Group
    Portland Bankruptcy Law Group | Christopher J. Kane
    Yes, after your case is confirmed by the Court you are free to sell your home and you can buy real estate. You have to obtain the Chapter 13 Trustee's approval, and that is usually a fairly quick and easy process to obtain that approval. And, there are notices that have to be sent to your creditors.
    Answer Applies to: Oregon
    Replied: 10/1/2013
    Law Offices of David A. Tilem | Michael Avanesian
    Yes, it is possible. Contact your attorney to see the best way to do it.
    Answer Applies to: California
    Replied: 10/1/2013
    Chung & Press, LLC
    Chung & Press, LLC | Brett Weiss
    There are no reaffirmations in Chapter 13. You may sell and buy a house, but you need prior court approval for both. Check with your attorney for more details. Take care.
    Answer Applies to: Maryland
    Replied: 10/1/2013
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    You will need permission of the court and/or trustee to sell your home and buy a new one. Procedures vary from jurisdiction to jurisdiction.
    Answer Applies to: Wisconsin
    Replied: 10/1/2013
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    Yes, but it will take some time and you will need to file a few motions.
    Answer Applies to: Florida
    Replied: 10/1/2013
    Mark S Cherry, Attorney at Law, PC
    Mark S Cherry, Attorney at Law, PC | Mark Cherry
    You would need to file a Motion and seek approval from the Court.
    Answer Applies to: New Jersey
    Replied: 10/1/2013
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    You really need to discuss these questions with your chapter 13 attorney. The answers are very fact and region specific.
    Answer Applies to: Colorado
    Replied: 10/1/2013
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    It is possible to do this, but it will involve a lot of work for your attorney as s/he must obtain court permission for you to do this. In addition, financing the purchase of a new home while in bankruptcy can be a problem.
    Answer Applies to: Nevada
    Replied: 10/1/2013
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    This is a question you should be able to ask your attorney. The general answer is yes with court permission one can borrow money to buy a house or sell one's house w/ court permission. Did you get an information book from the chapter 13 trustee at your meeting of creditors? \
    Answer Applies to: South Carolina
    Replied: 9/30/2013
    Stuart P Gelberg
    Stuart P Gelberg | Stuart P Gelberg
    Yes, with Court/trustee permission
    Answer Applies to: New York
    Replied: 9/30/2013
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