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myhusbandsex · Feb 17, 2006, 06:19 PM

My husband recently filed a chapter 13 in Ohio. Are we able to sell our house?

Fr_Chuck · Feb 17, 2006, 07:22 PM

Yes ( well I say yes, you have to get the judges permission since this would change your debt, payments each month and income filing) but most likely any money above what you owe on the house will be taken by the court to pay off toward the debt.

You need to discuss this with your attorney,

awhitepa · Feb 24, 2006, 05:44 PM

I am in the process of filing Ch. 13 bankruptcy and my home is not being filed. I have no equity in my home but my payments are to high. Will I still be able to sell my home and purchase another cheaper one while owing on my Ch. 13.

Fr_Chuck · Feb 24, 2006, 07:03 PM

The court will need to approve it, now most likely they will. Remember that you listed your house payment as part of the payments you made each month. Even though it is not part of the debts being discharged when you do a chapter 13 you do a specific budget, if there is a major change to the budget, i.e. selling one house and getting a cheaper monthly payment, a new budget would be required to the court. If there is excess money in the monthly budget they could modify the chapter 13 plan to pay a higher percentage to the unsecured debtors.

So anytime you have a major increase or decrease of income the court is suppose to be notified by your agreement with the court.

But they are normally nice people to work with, just work close with your attorney who did your filing.