Discharge or Final decree?

[castor4072]

After I make my last payment for my plan (not paid 100% of debt), when can I safely sell my house, wait until the discharge or do I have to wait for the final decree? I'm asking this question because I don't want the Trustee to take the house proceeds from selling my house and add/apply it to my plan!!!

Thoughts?

[shipo]

Wait for the discharge.

[castor4072]

And the discharge takes 6-8 weeks from last payment date or plan due date?

[shipo]

And the discharge takes 6-8 weeks from last payment date or plan due date?

It varies by region, mine took almost exactly 4-weeks. I waited until my penultimate payment was posted and then made my final payment three weeks early; a month later I had my discharge.

[despritfreya]

Assuming you have a buyer, to make sure there are no issues, you may want to hold off closing on the sale until the case is CLOSED. If it is not CLOSED the title company will want either a letter from the Trustee or a Court Order as the home will still be property of the estate.

Closing (done by the Clerk of the Court) will happen shortly after entry of your discharge AND the filing of a final accounting by the Trustee.

Des.

[Barbisi]

castor4072, shipo and despritfreya, our discharge posted in February 2022 and we sold our house on May 20 2022. The actual closing was relayed to us as we were entering our new state on May 24 2022. Our home sale proceeds were direct deposited on the 24th.
I forget how we managed to sell before the closing posted, but we informed the attorney and we had no issues. We had the investor lined up through our realtor and the whole process was smooth with no difficulties at all.
Of course, we had been planning our escape for years and had everything ready as soon as our discharge was issued.
Good luck, Castor! I hope you are able to sell quickly and without any obstacles!