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JP, Attorney
Category: Bankruptcy Law
Satisfied Customers: 109
Experience:  Represented creditors and individuals in bankruptcy and consumer matters.
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During a Chapter 13 bankruptcy plan, can I move to another

Resolved Question:

During a Chapter 13 bankruptcy plan, can I move to another state and sell my house that is in the state where I filed?
Submitted: 7 years ago.
Category: Bankruptcy Law
Customer: replied 7 years ago.

South Haven, Michigan

Already Tried:
Asked my current attorney. He will not return calls. I don't think he knows the answer.
Expert:  JP replied 7 years ago.

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.


Best Regards.

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