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When do we no longer need to consult with the trustee for financial transactions?

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    When do we no longer need to consult with the trustee for financial transactions?

    So, we plan to sell the house ASAP, once our BK maelstrom is over.

    We are considering borrowing from my 401K to access funds to fix up the place:
    appliances: microwave, dishwasher, stove/oven
    paint
    carpet/laminated hardwood possibly
    faucets
    bathroom vanity possibly
    refinish kitchen cabinets
    lawn remediation: mulch, grass

    What event allows us to do this?
    A) the discharge date
    B) when we get the discharge letter (after the discharge date)
    C) the closing date
    D) when we get the closing letter (after the discharge date)
    E) Other date

    We want to be sure we are free and clear of the BK, and the trustee. And we want to be sure we do not run into a BK/legal problem when we borrow from the 401K, pay people from those funds to fix stuff, and list the house, and go under contract.

    Thanks!

    #2
    The actual discharge. Once entered, you're good to go.
    Chapter 13 (not 100%):
    • Burned: AMEX, Chase, Citi, Wells Fargo, and South County Bank cum Bank of Southern California
    • Filed: 26-Feb-2015
    • MoC: 01-Mar-2015
    • 1st Payment (posted): 23-Mar-2015
    • 60th Payment (posted): 07-Feb-2020
    • Discharged: 04-Mar-2020
    • Closed: 23-Jun-2020

    Comment


      #3
      shipo , thanks!

      Comment


        #4
        Yes. If it's anything to do with property or large amounts of $$$, you should wait for the discharge at minimum. Some things, such as a sale, may require you to wait until the closing before the need to seek permission to sell expires.

        You talked about rolling the upgrades into the closing. If you can do that it would be better than borrowing from the 401(k), although borrowing from a 401(k) isn't that bad.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment

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