If you're in Chapter 13 but your 2nd home is excluded can you refinance it without alerting Bankruptcy Court?
No, the second home is is not excluded. Everything you own is
part of your bankruptcy estate and is the property of the
bankruptcy trustee, including the second home. You would need court
permission to refinance either of your properties. To do so you
have to bring a motion requesting said permission and showing how
the refiance would benefit your creditors over the plan you already
proposed. As part of the motion you would have to propose an
amended plan that includes the refinance. Since the property is
not, due to the bankruptcy, owned by you, you shouldn't be able to
refinance it. The tirle company should pick up on the bankruptcy
and not allow the refiance. An alternative to getting court
permission is to simply dismiss the chapter 13 case and do whatever
you want. You have a right to have the case dismissed. You just
need to submit the request to the court and wait for the judge to
sign off on the dismissal order. I get the impression that you
didn't list your second home in the bankruptcy (is that what you
mean by "excluded?"). If so, you committed bankruptcy fraud and
your bankruptcy case could be dismissed and charges can be filed by
the US Trustee, part of the Justice Department. At best the trustee
would want you to add the additional property to your papers.
Adding the additional property would change your bankruptcy case
(assets) and the plan you filed with the court that was determined
by your assets and debts.