Trustees Time Limit on Non-Exempt Assets?

[lindasue]

Is there a time limit for the trustee to take possession of any non-exempt assets in a Chapter 7 bankruptcy in the state of Texas? It has been a year since our bankruptcy has been discharged and nobody has ever contacted us about our non-exempt vehicles. The cars are over 30 years old and the listed values were not over $3500.00 for any one car.

I appreciate any information you might supply me on this matter. I didn't know if it is better for us to just sit and wait, hoping we can eventually sell the cars ourselves or what we should do. Ideally, we would love to be able to sell them and not have to turn them over, of course. It is ridiculous for us to register or carry insurance on them and inconvenient to store them.

[hhou812hh]

I have no experience with this but a year after discharge I think they may have just abandoned the cars. Did you use a lawyer? The lawyer may give you an answer if you used one.

[lindasue]

We did use a lawyer but everytime I ask him about it, he asks me if I want him to call the trustee? I tell him to wait....like the more time I put between the discharge and now, the better chance we have of keeping the cars.

[lindasue]

I went to the Pacer site and saw that our case was discharged 09/2004 and terminated 05/2005. So is the case closed and the non-exempt assets abandoned by the trustee?

[HHM]

They can take up to a year to administer an estate, but most cases get closed within a month or two of discharge.

If its been a year, I wouldn't worry about it.

[lindasue]

Thanks, HHM! So if the case is showing closed/terminated as of 05/02/2005....that's it, right? Done? Also, the information on Pacer says "No Asset".

[HHM]

Thanks, HHM! So if the case is showing closed/terminated as of 05/02/2005....that's it, right? Done? Also, the information on Pacer says "No Asset".

You shouldn't have anything to worry about.