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When can an asset, like a car, be sold

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    When can an asset, like a car, be sold

    after chapter 7 discharge?

    #2
    I'm like 99% certain a car, or any other asset for that matter, can be sold after a Chapter 7 discharge with no issues.
    Latent car nut.

    Comment


      #3
      So long as the Chapter 7 Trustee has abandoned the property, the case is dismissed, or the case is closed... whichever comes first. Generally though all exempt property is abandoned as of the discharge. The Trustee's pre-discharge report (report of no distribution) usually states what is being abandoned, or at least the discharge does (in a way). My discharge just had amounts that were discharged (secured and unsecured) as well as amounts for the abandoned property.

      You would definitely not be able to sell a home without permission unless you made sure it was abandoned.

      It's best to be cautious and not doing anything before case close. But if you're in a jam and need to sell, make sure the Trustee has specifically abandoned the property either via -- and specifically in -- a report of no distribution or it's confirmed in the discharge order. (If it's a home -- real property -- please seek a motion to sell.)

      So I urge patience and caution.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      I am not an attorney. Any advice provided is not legal advice.

      Comment


        #4
        I was under the impression that if I "came in" to money, in this case, a $10K sale of an auto that I own, the trustee would seek to take that money, after the Chapter 7

        Comment


          #5
          The Chapter 7 Trustee deals with property that you had as of the day that you filed. The Trustee determines, usually within 30 days of filing, which property is not exempt or only partially exempt. The Trustee then either decides to liquidate that property or gives the debtor the chance to make a deal with the Trustee by paying some cash to the estate.

          If there is to be no distribution, meaning there's no or not enough "non-exempt" property to administer, the Trustee will file a report of no distribution. The Trustee will also abandon the assets of the estate and "move on" by asking the court to be relieved from the case.

          If there is something that does have non-exempt equity, the Trustee will deal with that appropriately.

          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          I am not an attorney. Any advice provided is not legal advice.

          Comment

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