Need help,sellling house during chapter 13

[lriff]

I live in Ohio,

I am married and started my chapter 13 payment plan 2 mths.ago
My husband did not file,no of the CC debt was his,In fact he did not know about most of it until I filed
My name is not on the house loan,but it is on the deed,we have about 40,000.00 in equity,I owe 4500.00 in my payment plan to the trustee,can we sell our home?
Also will the trustee take more than 4500.00 from the sell,we need the equity to buy another house,as he was offered a job out of state,and the move will be costly,thanks

[HHM]

You need to speak to an attorney, but normally, if you sell your house this soon into a plan, the trustee will want a piece of the equity.

[shardena]

about trustee

Yes the trustee will take the equity. This would show that you have additonal excess income, and they would raise the percentage that you pay to creditors. You would be lucky to get anything from the equity. Selling during active chapter 13 is a BAD idea. You will lose. The only way you will get your money from the euqity is to wait until after the plan to sell.

I pray everything works out for you.

[monsieurrick]

beware of the ttee when selling the house

as you may be aware the ttee is on a commission. so, he/she gets about 10-15% of everything they disburse. you must file a motion to sell as the title company wont close the sale without the courts permission so this will cost you more in atty fees to get courts approval.

one cheap way out is to stop making payments and then the court will dismiss it for failure to pay. before you do that, you will probably have to fire your atty which is asking him/her to substitute you in as representing yourself...and them out.

once the case is dismissed you can sell your house without court interference or your atty's. but, you will still have the liability of the debts which is no problem. once you have the cash, i can offer to settle them for you at pennies on the dollar. my fee is based on no results...no fee.

as a paralegal, i have done many of these types of 13's and dismissals. check out my site...www.equalaccesstothelaw.com and call me if you feel this is your decision.

good luck,

rick