Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Is your plan paying your unsecured creditors 100%? If not, approximately how much of your unsecured debt is being discharged, rather than paid?
Once you sell your home, the sale proceeds will be exempt (protected) only if there is an intention to purchase another home within a reasonable amount of time. If your intention is to instead pay off or down your Chapter 13 plan instead of purchasing another home, you will lose this exemption, and will then forfeit the $80,000 without having it applied to your plan payments. In other words, the $80,000 will not reduce your payments, and it would therefore not be a good idea to sell your home unless you are planning on purchasing another one right away.
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