I have a home in confirmed Chapter 13 Bankruptcy. It has 4 subdivided lots which are part of the address and tax defaulted. They were not added to the BK out of my mistake, not giving the lot numbers to my attorneys. Can they be sold?
A: Once the bankruptcy has terminated, or if the county asks to have the automatic stay
lifted, then the lots could be sold, unless the taxes are paid. Can I have my Chapter 13 amended to include these taxes?
A: Assuming you can make the additional payments without prejudicing the unsecured creditors already entitled to payment under the plan, then yes. Also, it is a Chapter 13 cramdown and I now have quite a bit of equity. Will court allow me to get a loan and pay off secured debt such as the house?
A: The unsecured creditors are entitled to at least as much as they would have received had you filed Chapter 7
. If you can maintain that, then you can probably get the court to permit a new loan. Right now I have a 4,000/payment and have been paying for 1 year. A ten year loan out of BK would be alot less stress.
A: I'm not sure what the result of your modification would be, but one of the things you cannot do is shorten the plan duration to obtain an early discharge, by making a lump-sum payment.
Hope this helps. NOTICE
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