Olathe, KS asked in Bankruptcy for Kansas

Q: I'm in a chapter 13 BK. I want to sell my home to pay it off. Can a Trustee stop this, if so why?

I have been made an offer on my home, enough to pay off the mortgage and other BK expenses.

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1 Lawyer Answer
W. J. Winterstein Jr.
PREMIUM
Answered

A: To sell your primary asset, you will need to amend your Plan. Post-confirmation modifications are permitted, but proposed modified plans are subject to objections to discharge. The Trustee may object, but that would depend upon the details of your modified plan. If the Trustee, or any creditor, objects to your modification, the decision rests with the judge.

Timothy Denison agrees with this answer

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