Quick Reference Guide to Selling Property in Chapter 13

By Beverly Burden, Chapter 13 Trustee for the Eastern District of Kentucky, Lexington, KY

During the course of a chapter 13, it is not unusual for a debtor to sell property. Perhaps the debtor is relocating or maybe the debtor has an old car with no liens that s/he wants to sell to a family member. Can the chapter 13 debtor sell property? Who needs to get notice of the proposed sale? Is an order of the Bankruptcy Court required?

Check out the “It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

No Author Biography has been linked to this Article.

In re Crocker: New Approaches to Discharge Enforcement and Student Loan Dischargeability?

November 17, 2019

By Alexander E. Schmidt, Law Clerk to the Honorable John P. Gustafson (Toledo, OH) As any attorney with an eye for case law can tell you, circuit-level opinions that decide matters of first impression deserve extra attention from practitioners. Not only do these opinions oftentimes illuminate the dark corners of the law, they can also raise or provide answers to...

Members

Two Final Observations about the SBRA – Part IX

February 23, 2020

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction This series has focused on the four bankruptcy-related bills that were enacted during the 116th Congress and signed into law on August 23, 2019. One bill, the Small Business Reorganization Act of 2019 (SBRA), became effective February 19, 2020. It appears in its entirety in Appendix B to this...

Members

There is NO MORE Form 1040A or 1040EZ – Six New Schedules Some Taxpayers Will File with New Form 1040

March 17, 2019

The 2018 Form 1040 replaces prior year Forms 1040, 1040A and 1040EZ. The 2018 Form 1040 uses a building-block approach that allows individuals to file only the schedules they need with their federal tax return. Many people will only need to file Form 1040 and no schedules. Electronic filers may not notice these changes as the tax software will automatically...

Bartenwerfer: Willful and Malicious Injuries?

M. Jonathan Hayes

August 24, 2025

Jon Hayes article from earlier this month garnered some discussion you may want to check out and comment on – scroll to the comments section at the bottom of the article.

Members

Discharging Student Loans Under §523(a)(8)? Don’t Consolidate After Filing!

Scott Waterman, Josh Cohen

November 12, 2023

If you intend to seek to discharge student loans under §523(a)(8), do not consolidate the loans after the case is filed. Prebankruptcy planning is most important if one wishes to discharge student loans. A recent Texas Chapter 7 case highlights the pitfalls if one does not act accordingly. Debtors obtained 27 separate student loans prior to when they filed their...

Members

Featured Webinar

The Academy

October 27, 2024

In August, Chapter 13 Trustees Jody Bledsoe and Thom Hooper delivered an exceptional deep dive into claims and the claims process. If you're an Academy subscriber and missed it, catch up now!

Members

Procedural Enlargement of Claims Bar Date

Jitwan K. Floyd

June 2, 2024

Rule 3002 outlines requirements and offers remedies for untimely claims, giving bankruptcy judges discretion to grant relief. However, creditors should view these exceptions as corrective measures rather than substantial rights.

Members

Rule 3002.1, Contempt and Sanctions – How a Lender Can Create a Mess

Thomas D. DeCarlo

October 16, 2022

The facts in In re DeWitt, 2022 WL 4588320 (Bankr. S.D. Ohio 2022), are a bit “unusual”. Debtor filed Chapter 13 to reinstate her mortgage. The mortgage was “non-escrowed” and Debtor was required to pay property taxes directly. Surprisingly, she did not pay her property taxes. The first time, the Lender paid the property taxes but decided not to pursue...

Members

Declining Cases and Increasing Judicial Vacancies

Kevin R. Anderson

February 18, 2024

With facts and graphs, Judge Anderson discusses lowest filing levels since ’85, the impact of filings on judgeships, weighted caseloads, judicial vacancies, and recall judges.

Members

CFPB Settles with Student CU Connect CUSO Over ITT Private Loan Program

June 16, 2019

On 6/14/19, the CFPB (Bureau) announced a settlement with Student CU Connect CUSO, LLC (CUSO), a company set up to hold and manage private loans for students at ITT Technical Institute. The Bureau filed a complaint and a proposed stipulated judgment in federal district court for the Southern District of Indiana alleging that CUSO provided substantial assistance to ITT Educational...

Quick Reference Guide to Selling Property in Chapter 13

Link to Post:

Or sign in below:

Related Articles

In re Crocker: New Approaches to Discharge Enforcement and Student Loan Dischargeability?

Two Final Observations about the SBRA – Part IX

There is NO MORE Form 1040A or 1040EZ – Six New Schedules Some Taxpayers Will File with New Form 1040

Bartenwerfer: Willful and Malicious Injuries?

Discharging Student Loans Under §523(a)(8)? Don’t Consolidate After Filing!

Featured Webinar

Procedural Enlargement of Claims Bar Date

Rule 3002.1, Contempt and Sanctions – How a Lender Can Create a Mess

Declining Cases and Increasing Judicial Vacancies

CFPB Settles with Student CU Connect CUSO Over ITT Private Loan Program

Academy

Members

Website

Legal

Looking to Become a Member?

Webinars

Member Articles

Industry News

To get started, please let us know which of these best fits your current position: