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Got Discharge. So, can I sell personal property?

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    Got Discharge. So, can I sell personal property?

    I just thought of something.

    Got my discharge this week. The case is still open pending investigation on whether there are some assets in a trust that can be taken to pay creditors. Case could be open for a good long while, imo.

    But with the discharge, can I sell personal property (which was properly listed in my schedules and listed as exemptions)?

    Sure could use some money.... and want to hold a garage sale to sell some of my stuff. Seems like a discharge gives me the right to do anything I want with my personal property.... cause the trustee never did object to my exemptions and did not request that I turn over such property for him to auction.

    Seems like he would have asked for said property if he wanted to use it pay creditors. Not that I have much of anything other than general household goods.

    #2
    It it was exempted at a reasonable value, it is too late for the trustee to argue on the value of those items. (He has 30 days after your 341, I believe, to bring up issues with your exemptions.)

    You should be fine. Of course, if you listed an antique for $50 and its worth/sells for $5,000, you could have issues with that.
    Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

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      #3
      You can sell anything personal you own as long as the Trustee does not have an interest in it now......

      The Trust you will have to leave alone until the Trustee makes his decision about it.

      Have a good Sale................
      Minny

      "It's amazing the paths that our feet sometimes follow in life".

      My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

      Comment


        #4
        Thanks so much to both of you!

        I absolutely valued things at a reasonable value -- wasn't going to risk having my case dismissed for anything as stupid as that. So, I have my car luggage rack valued at $150 in the bk, and by god, that's exactly what I plan to sell it for.

        The trust... well.... won't be touching that; I can't. It is possible that the trustee can't touch it either. He is trying to figure that out. The way I figure it... that money was never in my name... so it would be a loss of some potential monies. I can live with that. I am sure my creditors who just got notice of my discharge are feeling like they lost something too. And so goes life.

        Great... I can sell some of my junk. Maybe buy a new dress or something.

        Thanks again to you both (for the posts in this thread and the TREMENDOUS help you both offered throughout this process to me and to many, many others. Wish I could send y'all a valentine!!!

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          #5
          YOU JUST DID!!!!! By sayings thanks!!!

          Happy Valentines Day to you also................
          Minny

          "It's amazing the paths that our feet sometimes follow in life".

          My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

          Comment

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