The problem with answering this question is that Chapter 13 Plans vary widely throughout the US. Some plans will require you to get court permission to sell property, while others will not care. May have helped if you specified whether the shares are exempt on Schedule C or not. Hope this perspective helps!
This is a question that should be asked of your bankruptcy attorney. Your rights as to your assets is based on the orders in your case. In particular, your Chapter 13 plan. Many plans vest the property that you own back to you when the case is confirmed and therefore you may be able to do with it as you wish. But there may be other provisions in your plan regarding selling assets and you may have to get permission of the court first. Be careful and seek the advice of your bankruptcy attorney before moving forward.
You need to speak your attorney because it really depends on the terms for the confirmation and the terms of the plan. Chapter 13 plans vary a lot form court to court, so the answer I would give my clients in Southern California could be different than the answer for your area. You might be able to sell the stock and keep the proceeds. Or you might need to turn the proceeds over to the trustee as a payment.
Robert W GambrellChapter 13 Bankruptcy AttorneyOxford, MS ·
Answers to questions like these can vary from circuit to circuit and from court to court within the same circuit.
In our jurisdiction, our confirmation orders provide that all property remains property of the estate until dismissal or discharge. As a result, a debtor with similar facts in our court would be required to amend the schedules and show the asset as now having vested since the filing and claim the asset as exempt if it can be claimed as exempt. If it is not an exempt asset, and the debtor is paying less than 100% to unsecured creditors, then the debtor would be required to modify the plan increasing the amount being paid to unsecured creditors.
If the plan confirmation order or by some other method results in all property reverting to the debtor upon confirmation of the plan, that could have an effect on the answer. For example, in some jurisdictions in which this happens, you would not be required to amend your schedules and it could have an effect on whether you have to notify the court if you intend to cash out.
If you have an attorney, contact him/her and get the answer. If you do not, it is time to consider retaining an attorney for the remainder of the plan.