when is my personal property mine again?

[vincent17]

I have filed for Ch. 7. Once I attend the 341 meeting and the trustee hopefully declares my case a no asset case (assuming he will, of course, as I have no real estate or car in my name or nothing of value), am I free to do with my personal property what I wish (ie sell what few books and dvds I have left on ebay)? Or do I need to wait for the discharge? Thanks in advance.

[SinkingFast]

Technically,............ Legally,............ The Trustee is in control of the BK Estate for 180 days from the date of filing. Any assets of the Estate that you might liquidate,............ The Trustee could seize those funds "on behalf of the benefit of your Creditors".

Realistically tho, if you are a No Asset case, the Trustee will most likely abandon any interest in your property at, or shortly after, your 341 Meeting.

Trustees generally need at least $1K or more to be worth their while to go after. When a Trustee seizes assets, the Trustee has to notify your Creditors there's money available. Wait for Claims to be filed. Distribute the funds. Then Audit your case. Trustees have costs too.

You'd have to have some expensive books and DVD's to be worth it for the Trustee to go after.

[HHM]

I am not aware of any 180 day rule...but property is legally abandoned from the estate when the case "Closes". (Section 554)

Note, if you need to do something with property, i.e. sell your house, you can ask the Trustee to stipulate to abandonment (a document would get filed with the court), and if the trustee refuses, and assuming you have legal grounds, you can make Motion to the court to have the trustee abandon the property.