Can I sell items after my 341?

[filingsoon]

I have sold items in the past on Ebay, and I'm wondering if I can sell again after my 341?

I have some minor items (mostly books) that I would like to get rid of. Can I do this without getting in trouble? My 60 days are up on 12/28 and I don't want to jepordize my bankruptcy in any way.

Any information would be greatly appreciated.

Thanks!

[AngelinaCatHub]

As long as you aren't getting a "windfall" of big money, the Trustee is not going to mind that you support yourself. At this time, you have been assessed as a no asset case (I assume) so all that you own now is currently exempt anyway. Go eBay. 'Hub

[HHM]

Technically, you cannot sell anything until after discharge.

Granted, if the assets are exempt anyway, then selling them after the 341 meeting won't probably matter, but you need to realize, from a legal perspective, everything you own is currently part of your bankruptcy estate, and you cannot do anything with it until either the trustee abandon's the property (that is DIFFERENT than the report of no asset) or discharge.

[AngelinaCatHub]

I stand technically corrected. LOL. 'Hub

[aaj67]

I have a question, by selling exempt items you are basically converting an exempt asset to cash which is not exempt..am I right? If so, could that cause a problem if BK is not discharged yet?

[justbroke]

I have a question, by selling exempt items you are basically converting an exempt asset to cash which is not exempt..am I right? If so, could that cause a problem if BK is not discharged yet?

It depends on your State's exemptions. In some States, you cannot exempt too much cash. I have read exemptions in a few States where the Debtor was limited to $250 in cash exemptions, even on Wildcards that were in the thousands of dollars!

As HHM points out, the property technically is still property of the Estate until the earlier of a.) the Trustee abandons the property, b.) the debtor's case is dismissed, or c.) the Debtor receives a discharge. So, you could cause grief should either a.) the Trustee files an objection to your claim of exemptions (and it's on something you converted/disposed of post-petition and pre-discharge) or b.) you convert it to cash, the State limits cash, and the Trustee finds out.

[aaj67]

the Trustee files an objection to your claim of exemptions (and it's on something you converted/disposed of post-petition and pre-discharge) or b.) you convert it to cash, the State limits cash, and the Trustee finds out.

That's exactly my point..so I think "filingsoon" should wait until BK is discharged before selling anything.