Expert: Terry Leeders - 11/20/2008

Question
Hi.  I filed for Ch 13 in April 2005.  My plan was for 42 months - it's now close to the end of Nov 2008 and I haven't recieved a letter of discharge.  I want to sell my house but don't want to do it until I get that letter.  What should I do?  

Answer
Your case could be running longer if your claims came in higher than estimated. You should request a payoff figure from the trustee.  To sell during the case, you would need to bring a motion in bankruptcy court for approval, with the proceeds going to the case. Speak to your attorney for any local rules that may be involved.