Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Yes, you can move to another state after you have filed for bankruptcy and sell the house located in the state where you filed. However, I would not suggest making the move until after the plan is confirmed. You will need to continue making your payments due under the chapter 13 plan, file a notice of change of address with the court and make any other necessary amendments to reflect any changes that will result from the move. (which will usually occur with the budget items on schedule J)
You will have to seek permission from the trustee and/or the court to actually sell your home. You should contact your trustee to determine whether the trustee will allow you to sell the home without court approval. If the trustee will not approve the sale without court approval, then your attorney will need to file a Motion to Sell your home and obtain an Order from the court authorizing said sale.
If your attorney is not being responsive you can ususally get some assistance from the trustee's office. However, the trustee is not your legal representative and will be limited in the information he or she can provide, so be persistent and try to get your attorney's attention, because the move and the sale of the home must be done properly.
I hope you found this information helpful.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).