[JuneDT]

If I sell my house in a Chapter 13 Bankruptcy Case NJ will some of the proceeds/profits go to a repossessed car from 1998? Also, what percentage goes to credit cards (unsecured debts)? Thank you June

[George_1950]

Welcome to AMHD. Have you filed a Chapter 13, yet? You have not provided enough information. Let's assume the car was repo'd, but you have not been sued; and the credit card company has not sued, either; so these are all unsecured debts. Unsecured debts are paid a percentage of the amount they claim you owe, from 1% to 100%. It just depends upon what percent you have proposed in your chapter 13 plan, and whether your plan has been confirmed by the court.

[JuneDT]

Hi my Chapter 13 plan was confirmed. I wanted to know if I sell my house what percentage does the unsecured creditors receive from the proceeds. June

[George_1950]

Congrats on having your plan confirmed. I would caution against selling your home because it indicates some unforeseen change and/or issues. You will file a motion to sell the home; the motion shows the value, proposed debt, and may include the sales contract, and may be scheduled for a hearing. In my area, the Chapter Trustee has a 'pamphlet' that explains the process.

[George_1950]

Here is some additional info from a practitioner that may be useful: Does Chapter 13 Debtor Get to Keep Sale Proceeds if Fair Market Value of Home Goes Up During Chapter 13?