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Can the cost of selling a home be included in determining repayment amount?

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    Can the cost of selling a home be included in determining repayment amount?

    I think I may have some non-exempt value in my home. Whether I can deduct the cost of selling hte home makes a huge difference in my repayment plan. In fact, if the cost of selling the home is used, I may not have any nonexempt value in my home. Would the cost of selling the home be deducted? Would it likely be done even if that means I end up with no nonexempt value, so that nonsecured creditors would not have received anything in Chap. 7?

    #2
    No, the cost of selling is not excluded from the "value" of the property. The question is only whether the Trustee would want that non-exempt value. Many people negotiate the non-exempt value with exactly the theory that you propose... that selling would yield nothing. So you offer the Trustee some percentage of the non-exempt value.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      Thank you for your helpful explanation. I have more information to ask a better question, so I'm going to repost my somewhat follow up questions.

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