Discharged but still waiting on "asset vs no-asset" determination

[kmbk2b]

Hooray, we've been discharged!!! My next question revolves around assets. We filed "no asset" however, the Trustee is trying to sell our home, which would turn our case into an asset case. Has anyone ever heard of turning a case into an asset case AFTER discharge? If our case becomes asset, we may lose our car, my ring, etc (these things don't have enough equity on their own to open an asset case, but with the addition of the house sale, the TT would "throw them in" and take them).

I'd love to know if anyone else has been turned into an asset case post-discharge....

[backtoschool]

If the trustee is trying to sell your home, then you most likely have already been made an asset case. Have you checked pacer recently? Becoming an asset case often happens close to discharge and towards the end of your 60 day objection period.

[ColoradoBell]

Since I might find myself in similar straights, thought I 'd ask some questions (nope...don't have any answers, sorry)

Are you saying that you filed a 7, didn't have any non exempt assets (or at least you thiought you didn't because your house is worth less than the mortgage) and your unsecured debt was discharged. But NOW the trustee wants to try to sell your house.

So at this point do you have the option of converting to a 13, paying your mortgage, and since your debt was discharged just having to keep current on the mortgage an dpay any arrears???????

Or once the 7 trustee decides to sell your house...you just wait until its sold? Can the trustee sell fro whatever it wants? meaning can it be sold for less than your mortgage and homestead exemtion?

Or this is all a ploy to try to get you to buy back your house from the trustee?

[kmbk2b]

The TT is trying to sell the home we are surrendering. We are still listed as "no asset" in Pacer (even after discharge), however, the Trustee posted notes right after our 341 saying he was looking for potential assets. So, even after discharge, we are still in limbo. Per our attorney, if the TT can sell the house, he will then change us to an asset case and come after other stuff (a thousand in jewelry equity, a thousand in car equity, etc -- not enough to make ours an asset case on its own, but enough that he will come after the equity if we are made an asset case from the house...).