In a 13, can I sell my house?

[Ojela]

We are in the 22nd month of a 58 month payback plan with our chapter 13.

We may have $75,000 (possibly a little more) home equity.

Is it possible for the trustee (or is it our attorney?) to give the ok to sell now?

I just received our semi-annual report from the trustee.
The "LESS BALANCE ON Hand" is $31,024.01
(The report from one year ago was $73,467.83)

Thanks for your help.

 

[Ojela]

I live in California

I'm sorry...I missed the area where it asks for our state.
I live in California.
Thanks.

 

[bigun]

Talk with your lawyer before you proceed. EQuity in your home is protected in bk. Cash is not. If you're paying less than 100& to secured creditors, it's likely the trustee will increase the percentage you'll have to repay.

 

[AttorneyOney]

Definitely talk to your attorney. The house is property of the estate and cannot be sold without permission from the court. Don't be surprised if the Chapter 13 trustee insists that you pay unsecured creditors first out of the proceeds of sale.