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Is One Year "Definite"?

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    Is One Year "Definite"?

    Hi,

    I've posted previously about our bankruptcy case that was finally closed in July 2005. We are considering selling our house, and there should be somewhere between $30,000 and $50,000 in equity, than we plan to use to buy (outright) another house. (We really got majorly lucky that the trustee decided that taking our house wasn't worth fooling with!)

    I was told that the trustee could re-open the case within a year if assets became available, so we're planning to sell the house after a year has expired.

    Is there any remote possibility that the trustee could still re-open the case, even after a year?

    Thanks!
    Filed Chapter 7 (Medical Bills) - 12/16/04
    341 Meeting - 1/28/05 | Discharged - 3/31/05 | Case Closed, No Assets - 7/5/05
    Update 2/15/11 - Still totally debt-free except for the mortgage, which we're paying down quickly!

    #2
    Attnys have told us Trustees can go after windfalls up to 180 days after close of a 7. I don't know if that's New Law, or just the way it's always been.

    Just as a safety precaution, why not call the attny that handled your BK and ask their opinion.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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      #3
      Yes I would contact my attorney regarding this but I see no problem out of the Trustee if more than 180 days have passed since closing and yours is approaching 1 year.
      My attorney told me not to sell anything (big volume - where I would make a big profit) until 1 year after closing....

      Let us know what your attorney says.......

      If you do not have an attorney, just call one and ask them over the phone...... I'm sure that wouldn't mind answering it...
      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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