Selling on Ebay while in BK

[mikeymae]

Hello everyone, I am new to the website and we just filed for Bankruptcy last Jan 6. We already have a 341 meeting date on feb 10, 2009. My question is, can I sell my stuff on ebay while in bk? I am so scared to even selling my daughter's clothes because we got a letter from our lawyer that we are not suppose to dispose/sell any of our personal property and stuff. Any thoughts, advices are appreciated. Thanks.

Anna

[ansky0007]

If you do sell anything you might want to have someone else do it for you so its not in your name.

[StartingOver08]

No. You can not sell any assets until the Trustee files the notice of abandoment(of your assets) in your case.

[mikeymae]

No. You can not sell any assets until the Trustee files the notice of abandoment(of your assets) in your case.

ok, thank you. what is a notice of abandonment? I am new to this whole thing and still learning terms.

[dingdong]

When he formally declares you a no asset case and asks to be discharged of duty, meaning your creditors get nada.

[StartingOver08]

This is a notice that is filed by the Trustee after your 341 that says the Trustee has no interest in your assets so you can keep them. This is a good notice. Once you are notified that the Trustee does not want your assets you can dispose of them any way you see fit. Although the prudent thing to do is wait until you are discharged.

[TEW]

wait 10 days after your 341 and then you can sell the stuff

[AngelinaCat]

About ten days or so after your 341, your case will be ruled either AN ASSET or NO ASSET. If the notice of no asset goes up on PACER, then you are probably okay--but I would still wait.

If you are ruled an asset case, then the trustee has to decide if he is interested in selling your assets or not. He may give you an opportunity to buy your stuff back from the BK estate.

He may also decide that he has not interest in your assets and issue a NOTICE OF ABANDONMENT. If that happens, you will get a notice in the mail, and it will show up on PACER, that the trustee has decided [in legalese language something like this:]

"The trustee is abandoning interest in the following property

• certain real property located at XXXX XXXXXXXX, XXXXXX, XX

• 19XX Pontiac Grand-Am SE
• 20XX Volkswagen JETTA

"As being exempt, too old, mortgaged, or otherwise encumbered."

I hope this helps. Good luck.

[mikeymae]

About ten days or so after your 341, your case will be ruled either AN ASSET or NO ASSET. If the notice of no asset goes up on PACER, then you are probably okay--but I would still wait.

If you are ruled an asset case, then the trustee has to decide if he is interested in selling your assets or not. He may give you an opportunity to buy your stuff back from the BK estate.

He may also decide that he has not interest in your assets and issue a NOTICE OF ABANDONMENT. If that happens, you will get a notice in the mail, and it will show up on PACER, that the trustee has decided [in legalese language something like this:]

"The trustee is abandoning interest in the following property

• certain real property located at XXXX XXXXXXXX, XXXXXX, XX

• 19XX Pontiac Grand-Am SE
• 20XX Volkswagen JETTA

"As being exempt, too old, mortgaged, or otherwise encumbered."

I hope this helps. Good luck.

ok, thanks for the info. I guess I will wait after my 341 meeting. Hopefully no creditors will show up...can't wait for this one to be over.

Thank you again.

Anna

[dingdong]

Do you always get a notice in the mail stating you are a no asset case?

My 341 was 2 weeks ago, had my no asset declaration docketed on PACER two days later, but have not received anything in the mail. Mail from my BK court takes 1 day to arrive.

My neighbor says she saw my LL ( who lost the house I am renting to foreclosure) waiting by our mailbox. I think he may be stealing my mail. I have had other pieces of mail I know was sent, just never show up in my mailbox.

Are you sure they send something declaring no asset?

If so, I am going to call the court and see if they sent it, and if so, call the police about my scumbag mail stealing landlord!

[AngelinaCatHub]

Look, if this is your income, and you are not selling big time personal items, you must eat, no? EBay, has never made me a millionaire so in my opinion, unless you are talking stuff above $600 bucks, I would not worry about it. 'Hub

[AngelinaCat]

Do you always get a notice in the mail stating you are a no asset case?

My 341 was 2 weeks ago, had my no asset declaration docketed on PACER two days later, but have not received anything in the mail. Mail from my BK court takes 1 day to arrive.

My neighbor says she saw my LL ( who lost the house I am renting to foreclosure) waiting by our mailbox. I think he may be stealing my mail. I have had other pieces of mail I know was sent, just never show up in my mailbox.

Are you sure they send something declaring no asset?

If so, I am going to call the court and see if they sent it, and if so, call the police about my scumbag mail stealing landlord!

[jktrading]

No. You can not sell any assets until the Trustee files the notice of abandoment(of your assets) in your case.

Couldn't you sell your exempted assets? What if selling on ebay is your job? They don't want you to quit your job do they? Some of us do this for a living, or to atleast supplement.

[jktrading]

Look, if this is your income, and you are not selling big time personal items, you must eat, no? EBay, has never made me a millionaire so in my opinion, unless you are talking stuff above $600 bucks, I would not worry about it. 'Hub

Eating is a good thing.

[JRScott]

Couldn't you sell your exempted assets? What if selling on ebay is your job? They don't want you to quit your job do they? Some of us do this for a living, or to atleast supplement.

They aren't exempted until he files his report. Remember the trustees can and do in some cases challenge exemptions. (Please don't get afraid OP but this can happen).