Selling of home during active 13

[akfugatt]

Long story short we bought a home during chapter 13 with permission from the court and it is outside the case. We are 6 months from being completed in our 5yr 100% case
My question is due to it being outside of chapter 13 can we sale it and keep any profit?

If not being the case was filed in Louisiana and we now live in Wyoming, can we utilize any exceptions, like homestead?

[akfugatt]

My wife just wants to sell it and her argument is it's outside so no need to ask for permission etc, I'm telling her it doesn't work that way. If we move forward with selling without asking permission what's the odds of anyone finding out due to the home is not part of the case

[JellyBeany]

Ask your attorney. My *best guess* (I am not an attorney or a subject matter expert) is that since you're so close to the end and are in a 100% plan there should be no issue with your Trustee giving permission.

[despritfreya]

In a Chapter 13, after acquired property IS property of the estate, subject to any allowed exemption (no opinion on the homestead as it relates to your situation). Further, if the title company picks up on a bk, to complete the closing, it may require permission either by court order or something from the trustee.

You should be discussing this with your attny.

Des.

[Carmella]

I agree ask your attorney for advice. It sounds like it would be in your favor since you are finishing up a 100% payback Chapter 13. But you might have to jump through hoops to sell it while your Chapter 13 is still active. If I want to buy a car I have to jump through hoops and my attorney needs to take the issue to the judge and it will cost me court fees or attorney fees...

Even though it's paid "outside" the Chapter 13 it's still part of the Chapter 13.

It might be easier just to wait it out 6 months, that's not a very long time. Though I know the housing market might be the "best" to sell right now. But it's likely to be delayed anyway due to the legal process of Chapter 13 and getting permission, etc. I doubt if you get a great offer tomorrow that it could be sold within 30 days.