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Moving out of state in the middle of a 13; things to consider? Suggestions?

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    Moving out of state in the middle of a 13; things to consider? Suggestions?

    We are close to 1/2 through a CH13 in Kentucky wherein we are repaying @ 1% and we own our own home (arrearages go through the trustee). By most accounts, our trustee in Kentucky is very lax and we have done extremely well.

    We are seriously contemplating a *voluntary* move to Texas to be closer & help my terminally ill father. Both of us could obtain (and would do so prior to any move) comparable and gainful employment. If my father were not ill, we would not even consider same until the completion of the 13 however it his long-term prognosis is extremely poor and he does not have 2.5 years left.
    Can someone give me some general direction as to:

    1. What would happen to the 13? Would it be transferred to Texas or remain in Kentucky? Would all the provisions remain the same?

    2. How could we or even could we have any opportunity to purchase (with court approval) another house in Texas? Obviously our credit would be shot, so I am not sure how this could even work out? or would be have to be renters?

    3. With this being a totally voluntary move, would we even be allowed to move?

    4. Assuming we could move, what would become of the debt of our house selling short (highly likely)? or do we/would we give it back??

    Obviously, we are seriously considering this move, however I realize if it is possible we face many obstacles and I would appreciate any thoughts or suggestions or comments regarding other aspects or areas that I have not considered or included! Thank you!
    Stopped paying CC Feb, 2010
    Retained Attorney 02/24/2010
    Filed Ch. 13 BK 06/04/2010
    341 Meeting 07/02/2010

    #2
    FHA mortgage underwriting guidelines permit a debtor in Chapter 13 to obtain a mortgage provided that 12 months of demonstrable on-time payments to the trustee have been made, the Chapter 13 trustee gives written permission to proceed with the loan, and a suitable credit score is established. I don't see how a trustee could object to a debtor moving out of state for the purpose of caring for an ailing family member. No way could such a restriction be written into bankruptcy code.

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      #3
      I had looked into this a while back myself... As far as moving relates to the 13 itself there shouldn't be any issues. The bk would (I believe) stay in the original jurisdiction, but you could ammend the plan to make adjustments for changes in income/expenses... the only real issue there would likely be if there was a significant (voluntary) increase in expenses or decrease in income, in that case the trustee may object to the change in payment amount ( he wouldn't tell you that you couldn't move but might hold you to the current payment )..

      As to how this relates to the house you own and the possibility of another one that is a whole different set of issues that I am not sure of ( in my case I am renting now and would have been renting after a move)

      Comment

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