CH13 vs. Ch11

[AZNoName]

I filed Ch13 in October, but almost ended up in Ch11 due to the amount of secured debt from a pre-foreclosure property we owned. We had a couple estimations of the property value to go from, and we went with the higher tax valuation of the property, which kept us under the debt limit to qualify for Ch13.

I just found the trustee sale notice, and the property ended up selling for about 100K less than what we figured it would. Could the trustee change my filing to Ch11? If so, what does that mean for me?

[HHM]

So long as you had a good faith basis for the value of the property "at time of filing" you should be okay. The value of property for purposes of debt limits (section 109 of the BK code) is established at time of filing. Any post filing depreciation is not relevant.