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Selling a car after the discharge

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    Selling a car after the discharge

    I am posting this in the Chapter 7 forum and not in the After the Discharge Forum because of the specifics and because I think that it is more useful here.

    We were a No Asset Case since filing (2/23/2011) and got Discharged on July 7, 2011. We entered in a financial settlement with the Trustee for $300 a month for 6 months and we didn't receive any notice of abandonment.

    On 9/6/2011 we got Notice of Claim Filing deadline for creditors set for 12/1/2011 and our case was set (only now!) to an Asset case.

    During Labor day weekend (just before 9/6) I started to look for a new car and I wanted to trade-in one of my existing cars, re-affirmed and then vacated by the judge.

    I thought that being discharged and No Asset means that I can do whatever I want with my stuff. I WAS WRONG !!! I found out from this forum that without Notice of Abandonment, as long as the case is open, you do not sell anything.
    Even more, now being an Asset case, I don't even have to think about selling the car.

    My question is, though: what if, before being moved to an Asset case and after the discharge (in those 60 days), in good faith and without advisement, I would have sold the car? What are the consequences for such an act?

    And again bkforum, thank you for opening my eyes !!!

    SP
    Ch.7 filed: 2/23/2011 Discharged: 7/7/2011 Asset: Yes Case Closed: 7/30/2013

    #2
    What were the terms of this financial settlement? $300.00 times 6 months = $1800.00. You had to have been an Asset case, or else you were paying back an Insider payment or something was going on here. It sounds like this case was reopened and the discharge revoked. Can you explain please?
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."

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      #3
      Angelina oh Angelina,

      you made me look into PACER !!! Still discharged. And the case was never closed, so no reasons to be reopened. About the money, I kind of explained in my previous posts and in my blog:
      http://www.bkforum.com/entry.php?225...-even-yourself

      Regarding the Asset/No Asset, I kind of asked myself the same question why he changed to an Asset case so late. The only explanation is that while we agreed about the settlement and the paperwork was moving back and forth btw lawyers the discharge kind of went on by itself and was posted. After that, I didn't look into PACER for 60 days (busy sending kid to college), so for what I know he should have changed to an Asset case immediately after the discharge (i know for sure that on the discharge day I was still a No Asset). My very personal opinion as a Newbie is that now is only the Administrative part going on.

      The car thing amazes me: what if ...?

      SP
      Ch.7 filed: 2/23/2011 Discharged: 7/7/2011 Asset: Yes Case Closed: 7/30/2013

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