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Refiance to payoff plan
I'm litigating a similar issue right now with a Chapter 13 Trustee where the equity in the homestead exemption has been liquidated and the 6 month exemption period is not expired yet.
I used Sunahara and Burgie to argue. Outcome will be later next week.
As to increased equity without a sale, I doubt the Trustee will care.
However, they may argue that the debtors may earn more money or have lower expenses in future years.
So let the debtors know it's not a sure thing and the Motion to Modify could get expensive.
Steve Lever
The post was migrated from Yahoo.