Quote from @Thomas Baker:
Do I need a special realtor to sell my property while I am still in bankruptcy? I will not be able to stay in bankruptcy after next month because I will not be able to keep up with my payments. Should I wait until the the trustee kicks me out? I just want to do what is right. Is it simpler out of bankruptcy? When I lose my building, I will lose my job as I run my business from that location.
@Mike Hern gave some good guidance. That said, you have other issues. Where are you in your plan because you wouldn't have received a plan approval unless the math worked, meaning, unless you could fund the plan. Or, you aren't that far and have not had your 341 hearing?
The trustee doesn't kick you out. The trustee files a motion to dismiss your bankruptcy once you default (like Mike says, it usually involves more than one missed payment). Then there is a hearing. Then there is a dismissal. Then there is a stay before the dogs are let off the leash so, that all takes a matter of months if everyone is doing their job.
Can you modify your plan? I'm assuming you had an attorney file your 13 (Assuming its a 13 because you said you couldn't stay in bankruptcy because you couldn't keep up with payments). There are a lot of crappy bk attorneys out there and unless you paid this one in full at the time of filing, he/she/it is more likely being paid through the plan so, there is a motivation for them to assist (They'll not do it for free).If modifying your plan is better for the creditors, and you can fund the plan realistically, i don't see why you wouldn't try to go that route.
Be careful and consult your attorney (if they are a halfway decent attorney) because if you default on your plan and get your bk dismissed, all the creditors can come back after you and pile on top of you while you're down. Yeah, you can file a 7 to get that over with but why go through that if you don't have to.
Will you make any money selling your home/building? Can you time it to get your BK dismissed, sell the property and pocket any surplus proceeds before the creditors get a judgment against you and get a lien on your property? Is that doing the right thing?
