While I am in a chapter 13, can I sell my house and use the profit to pay off the mortgage and all the debtors? 18 Answers as of October 01, 2013

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Stephens Gourley & Bywater | David A. Stephens
Yes, if you get the sale approved by the trustee and the court.
Answer Applies to: Nevada
Replied: 10/1/2013
Law Office of Thomas C. Phipps | Thomas C Phipps
You will have to have your attorney talk to the trustee and then get the court's permission to do that.
Answer Applies to: Missouri
Replied: 10/1/2013
Charles R. Chesnutt, P.C.
Charles R. Chesnutt, P.C. | Charles R. Chesnutt
Yes. But it is simpler to 1) obtain your buyer 2) dismiss your 13 3) sign the contract 4) sell the house 5) settle with the creditors. If the house is in Texas the proceeds are exempt property for 6 months. You should have counsel to make sure that you maximize your proceeds.
Answer Applies to: Texas
Replied: 9/30/2013
Rhymer Law Firm
Rhymer Law Firm | William Rhymer
Yes if you have that much equity in the property.
Answer Applies to: Georgia
Replied: 9/30/2013
The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
Yes, in theory. You will need court permission to sell the house AND depending on the timing, you could end up paying more than you otherwise would OR could sell the house, pay the creditors and still end up in the plan.
Answer Applies to: Wisconsin
Replied: 9/30/2013
    Chung & Press, LLC
    Chung & Press, LLC | Brett Weiss
    Yes, but you need court approval before the sale.
    Answer Applies to: Maryland
    Replied: 9/30/2013
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    I suspect you mean "creditors" since you are the "debtor". Yes, you can do that but need court appproval first. This is accompliashed by filing a motion. There might be "check the box" froms to do this on your local court web page. You need to read the local rules to get the instructions.
    Answer Applies to: California
    Replied: 9/30/2013
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    I recently had a client do just that. However, in order to close their case early and receive their discharge, they had to pay 100% of their unsecured debt (they were paying about 30% in their plan). You should speak with your attorney before you embark on this path. This answer was provided as a public service to a question posed on the Law Q & A website. The answer is based on the information provided and is limited to those facts. Furthermore, the answer is based on California law and their application to bankruptcy law in California. Additional information could change the context of the question and materially change the answer.
    Answer Applies to: California
    Replied: 9/30/2013
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    You need to get court approval to sell anything. I would be very careful because you may lose some exemptions.
    Answer Applies to: Washington
    Replied: 9/30/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    Yes. However, I recommend you dismiss and do so. This will save you having to pay the trustee 10%.
    Answer Applies to: Nevada
    Replied: 9/30/2013
    Law Offices of David A. Tilem | Michael Avanesian
    Yes, do a motion to sell.
    Answer Applies to: California
    Replied: 9/30/2013
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    You will need court permission to sell your property while your Chapter 13 is open. If you want to use the proceeds to pay off your debt, you may need to first dismiss your chapter 13. My suggestion would be to ask your attorney to negotiate a payoff to your creditors at a significant discount, since you have cash to pay in full. BTW, you are the debtor and I am assuming you meant to say you would pay off all the creditors.
    Answer Applies to: Nevada
    Replied: 9/30/2013
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Yes but only with court approval.
    Answer Applies to: California
    Replied: 9/30/2013
    Joseph Lehn, Esq
    Joseph Lehn, Esq | Lehn Law, PA
    It is possible. However, you will need to request permission from the Court prior to selling your home.
    Answer Applies to: Florida
    Replied: 9/30/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Yes, but you will need permission from the courts by motion to sell.
    Answer Applies to: New York
    Replied: 9/30/2013
    Elkington Law
    Elkington Law | Sally Elkington
    You can, through the Chapter 13 plan. In other words, you can modify your plan to sell and pay your creditors 100%. Although it might save you trustee fees to dismiss and then sell your house and pay your creditors. This is assuming you don't need bankruptcy protection for any other reason. Talk to your attorney about this to make sure there are no complications or issues you are missing. If you don't have an attorney, it may be worth it to hire one to discuss this specific issue.
    Answer Applies to: California
    Replied: 9/30/2013
    Stittleburg Law Office
    Stittleburg Law Office | Bernd Stittleburg
    Yes you can sell your home, however you will need permission from the court and the Chapter 13 Trustee to close the deal.
    Answer Applies to: Georgia
    Replied: 9/30/2013
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