Sale of house while in Ch 13

[sizz]

If your only debt in while in Chap 13 is the arrears on your mortgage and you find a buyer for your home, is it better to
(1)dismiss your bkcy and then sell, or
(2)get the trustee's and/or the court's permission and sell while still in bkcy?
In choice (2) will the trustee get 10% of the selling price, or 10% of the net proceeds of the sale, or zero?

[HHM]

Either way you go, you need to make sure the purchase price is enough to FULLY satisfy the bank. If you dismiss your BK, the bank will recalculate the pay-off amount to include back interest on any unpaid arrears and possibly assess a few more fees.

Do you really have NO other debt included in your chapter 13 repayment plan, even if you are paying 0% to unsecured, that debt is still included in the BK. Honestly, it seems kind of a waste to file chapter 13 over ONLY mortgage arrears, most banks will put you on a repayment plan for arrears (i.e. regular mortgage payment + $x to payback the arrears).

In any event, if there is NO other debt in your BK, then you might as well voluntarily dismiss your case.