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    nutzy's Avatar
    nutzy Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Oct 8, 2007, 12:57 PM
    Court permission to sell my home in ch 13
    I understand that I must receive permission from the court to sell my home. I live in PA. and am 2 yrs. Into a five year ch 13 plan. I have acquired a buyer and spoke to my lawyer who advise me that I cannot make more than 20k from the sale, but he was unsure if the courts would approve the sale or how long it would take for an approval.

    The sale of my home will payoff the mortgage with 24k left over. My question is if I owe 30k in unsecured debts will the court apply 4k to what's owed (I am allowed 20k) or will they apply the whole 24k with a an amont owed of 6k?

    Also does anyone know the average time it takes for an answer from the court once permission to sell has be asked and can the selling price be changed once I get a go ahead from the court as long as the secured debt will be paid in full?

    Thank you for your time

    Dan
    MarkRealEstateConsultant's Avatar
    MarkRealEstateConsultant Posts: 49, Reputation: 5
    Junior Member
    		  
    #2

    Oct 8, 2007, 01:21 PM
    Quote Originally Posted by nutzy
    I understand that I must receive permission from the court to sell my home. I live in PA. and am 2 yrs. into a five year ch 13 plan. I have aquired a buyer and spoke to my lawyer who advise me that I cannot make more than 20k from the sale, but he was unsure if the courts would approve the sale or how long it would take for an approval.

    The sale of my home will payoff the mortgage with 24k left over. My question is if I owe 30k in unsecured debts will the court apply 4k to what's owed (I am allowed 20k) or will they apply the whole 24k with a an amont owed of 6k?

    Also does anyone know the average time it takes for an answer from the court once permission to sell has be asked and can the selling price be changed once I get a go ahead from the court as long as the secured debt will be paid in full??

    Thank you for your time

    Dan
    Each state is a little different. My advice to you is to contact the court to get a definitive answer. In Maryland and Florida you must get the courts permission, generally not withheld without reason. The Court does have an obligation to protect your creditors so the Court may have the right to grant all of the proceeds to the creditors.
    nutzy's Avatar
    nutzy Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Oct 12, 2007, 04:22 PM
    Quote Originally Posted by nutzy
    I understand that I must receive permission from the court to sell my home. I live in PA. and am 2 yrs. into a five year ch 13 plan. I have aquired a buyer and spoke to my lawyer who advise me that I cannot make more than 20k from the sale, but he was unsure if the courts would approve the sale or how long it would take for an approval.

    The sale of my home will payoff the mortgage with 24k left over. My question is if I owe 30k in unsecured debts will the court apply 4k to what's owed (I am allowed 20k) or will they apply the whole 24k with a an amont owed of 6k?

    Also does anyone know the average time it takes for an answer from the court once permission to sell has be asked and can the selling price be changed once I get a go ahead from the court as long as the secured debt will be paid in full??

    Thank you for your time

    Dan
    Mark, thank you for your response. I appreciate you help in the matter.
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