Has anyone surrendered a house POST Confirmation?

[1aliasfan]

I can't seem to get an answer to this. The house is paid outside the plan. If we let it go, what happens? Is the plan then amended to pay the difference from the sale and what is owned as "unsecured" inside the plan? I assume if I rent a home and it is less than my house payment that money will got to the Trustee and I am ok with that.

[BKchapter13]

Talk to your attorney, I think the rules changed since we filed which was in 5/2006, something to do with saving your house through the bk courts, we walked away advised by our attorneys, if you can afford the home and the trustee agreed to that then she is going to want prooff you cannot afford it then she will redo your payment plan but if nothing has changed it very unlikely she is going to let you walk away from the house. although I never read about anything like that so ask your attorney you want to walk away from the house and revise your payment plan, see what he says about that. good luck and lots of blessings

[justbroke]

The process for doing this is complex and many attorneys don't even know how to do it properly. I would suggest working with your attorney. You have to petition the court to both surrender the home, modifying your plan, and then getting the Judge to approve your plan modification. This actually can affect your unsecured creditors and is why it needs to be done right.

You basically have the process correct. The problem is in the deficiency, the unsecured creditors, the Trustee, and getting approval by the Court.