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  1. #1
    Join Date
    Oct 2007
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    5

    Default Sale Of a House In Chapter 13

    I am in Chapter 13 and would like to sell my house and pay off all my creditors. I can (1)voluntarily withdraw from the bankruptcy and then sell and pay off the mortgage and the unsecured creditors, or (2)get the trustee's permission to sell, pay off the mortgage, and remain with the plan to pay off the unsecured creditors.
    QUESTION: If I sell and pay off the mortgage while still in the bankruptcy will the trustee get his 10% commission on the mortgage payoff? If so, wouldn't it be better to withdraw before I sell? (New York)

  2. #2
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    Default Re: Sale Of a House In Chapter 13

    How many months into the plan are you?

  3. #3
    Join Date
    Oct 2007
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    5

    Default Re: Sale Of a House In Chapter 13

    Three months in plan.

  4. #4
    Join Date
    Oct 2007
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    5

    Default Re: Sale Of a House In Chapter 13

    I am three months into the plan and I have very little unsecured debt.

  5. #5
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    Default Re: Sale Of a House In Chapter 13

    If you remain in bankruptcy, I expect the trustee to collect his fees. Whether or not you should stay in bankruptcy anyway is something you should discuss with your bankruptcy lawyer (or, if you don't have one, a bankruptcy lawyer familiar with the details of your case).

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