QUESTION
Can I sell a house during a Chapter 13 bankruptcy?
Asked on Jul 29th, 2011 on Bankruptcy - California
More details to this question:
I am about 17 months into a 60 month Chapter 13 bankruptcy. Only I filed, not my husband, and our mortgage is in his name only. So I am wondering if we are able to sell our house and if so, how it will affect my filing?
7 ANSWERS
Yes. You will probably have to amend your schedules to show the change in payments, since you will no longer have one. And add rent or a new house payment as appropriate.
Answered on Aug 01st, 2011 at 7:38 AM
Glen Edward Ashman
You would likely need court permission and need to discuss that with your lawyer.
Answered on Jul 31st, 2011 at 6:21 AM
Bankruptcy Attorney serving Herndon, VA
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Maureen O'Malley
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You need to get approval from the court and have a good reason.
Answered on Jul 30th, 2011 at 9:19 AM
judith runyon
Not without court approval
Answered on Jul 30th, 2011 at 9:00 AM
Debtor's Rights Attorney serving Atlanta, GA
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Theodore N. Stapleton, P.C.
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If it is in his name he can sell it without court approval yes
Answered on Jul 30th, 2011 at 8:50 AM
Bankruptcy Attorney serving Torrance, CA
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Kalra Law Firm Professional Corporation
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Yes, you can sell your home in chapter 13. Even though mortgage in your husband's name only, its community property and you should seek bankruptcy court permission to sell it. Most likely, Court will grant the permission to sell it.
Answered on Jul 30th, 2011 at 8:27 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Ordinarily you must seek permission from the trustee to buy, sell, or refinance real property during a chapter 13. However, if there is a non-filing spouse who has the mortgage there may not be such of a requirement. It would depend on whose name is on the title.
Answered on Jul 30th, 2011 at 8:11 AM