Q: Filed ch 13 recently but case has not confirmed yet. We're wanting to sell our home and use the equity
To pay necessary debts included in the 13 and move
A: Make a motion to voluntarily dismiss the bankruptcy and then you will be free to do so.
A: It depends whether your house pmt is being paid through the Trustee or not. See you are shortchanging all of your unsecured creditors when you file bankruptcy and it’s the Trustee’s job to look for assets you have that are not claimed as exempt to pay as much toward your unsecured creditors as he can. The bankruptcy code will look backward 180 days and forward for any assets you fail to disclose. Cash from the sale of your primary residence is not exempt. Your best option would be a voluntary dismissal of your petition and using the cash to pay off your creditors.
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