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Discharged but not closed

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    #16
    Originally posted by Pavetim View Post
    I thought I read somewhere they cannot take property and that's why they sort of changed the naming so they could take money in equity but not property?
    Well, here's the thing. They know you have certain property because you declare it when you file and go to the 341 hearing. They'll definitely take a car, less the $1000.00 exemption... (I just folded that back into my settlement). That's fairly easy as a car can be auctioned off. But for the other personal property items, it depends. T0 take other property, the trustee (or their agents) have to receive it from the debtor (read: "inventory the h9use personally) and then auction it off, themselves, once seized. Quite the hassle. So they arrange an all cash settlement and then force the debtor to do what is needed (sell or auction the property) to get the cash so they don't have to do it themselves. And usually (well in my case) the cash settlement was a reduced amount from the value of the property they would have claimed. They even gave me like 3 months to pay it all. Which I did.

    And, as stated above, it's the trustee that does the "administrative closure," and that has nothing to do with when the BK judge grants the discharge. When you (or your BK Lawyer) gets notified that the trustee has completed administrative closure, that's when you know it's done.
    Last edited by BxRcvor; 07-06-2025, 11:36 AM.

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