Question on trading in/selling a car after discharge but before case is closed

[filed]

Hello everyone, especially Despritfreya, JustBroke and many others who have been extraordinarily helpful and generous with their time and knowledge.

A little background, filed a no asset ch 7 in Nov 2011, discharged Feb 2012. Trustee has filed virtually nothing, (no determination of no asset/no distribution to confirm its a No Asset case, no preliminary asset report indicating they are turning it into an asset case) and so, I don't really know where things stand.

It has been almost 11 months since filing, and now almost 8 months since discharge. My older vehicle (owned free & clear) is having meaningful mechanical problems and is completely unreliable. I need to get something else to drive rather immediately. I listed this vehicle in the petition with a value of $1,500 and exempted it with my $1,000 and my wife's $1,000 vehicle exemptions. There were no objections filed to any of our exemptions claimed.

My question is: Can I trade in or sell this vehicle while my case is still open, the trustee has not yet confirmed my case is a no asset case, and the trustee has not abandoned anything?

Thanks for reading this,
Filed

[justbroke]

I'm just wondering, how is your case listed in PACER? Is it marked as an Asset Case? If you filed through an attorney, maybe you can ping your attorney to ask what to expect. From what you're saying, it appears that the Trustee either forgot, or they were expecting something (your tax refund?). Given that it was 11 months ago, it could well be the "potential" tax refund.

I would not sell/trade until I had an understanding of the status of your case. If you are pro se, you may want to contact the Trustee's office to determine what the status is. If it's lingering too long, and you're pro se, you could file a motion to compel abandonment of exempt assets.

[filed]

I'm just wondering, how is your case listed in PACER? Is it marked as an Asset Case? If you filed through an attorney, maybe you can ping your attorney to ask what to expect. From what you're saying, it appears that the Trustee either forgot, or they were expecting something (your tax refund?). Given that it was 11 months ago, it could well be the "potential" tax refund.

I would not sell/trade until I had an understanding of the status of your case. If you are pro se, you may want to contact the Trustee's office to determine what the status is. If it's lingering too long, and you're pro se, you could file a motion to compel abandonment of exempt assets.

Filed as a No Asset and it has been listed as such on PACER since the beginning, no changes. Trustee asked for (on April 17), and received (on same day) my tax returns to review (I had to PAY $350, so no refund) so, they have had that for over 5 months. They said NOTHING between 341 (early December) and April 17 when they asked for tax return, so, I have been dealing with a complete lack of info/communication from the beginning. My lawyer emails the trustee, and the trustee does not respond to my attorney. My attorney tells me not to worry, but, I figure that is easy for him to say.

[filed]

JustBroke, Many thanks for your valued response. Here is the current status per PACER:
Case type: bk Chapter: 7 Asset: No Vol: v Judge:
Date filed: 11/XX/2011 Date of last filing: 02/XX/2012
Debtor discharged: 02/XX/2012 Joint debtor discharged: 02/XX/2012

Pending Statuses

Status BeginDate Time inStatus # Status Set By
Awaiting Closing 02/07/2012 228 days 10 Discharge of Debtor

[justbroke]

Well, now that you want to actually do things with your assets, like sell your car, you should poke your attorney a little harder. Let your attorney know that it's NOW affecting your ability to sell/trade in your vehicle so that you can get on with life.

[filed]

Well, now that you want to actually do things with your assets, like sell your case, you should poke your attorney a little harder. Let your attorney know that it's NOW affecting your ability to sell/trade in your vehicle so that you can get on with life.

Thanks...On tuesday or wednesday my attorney emailed the trustee to see what was holding it up. My attorney said if he did not hear anything back by Friday, he would call the Trustee. I pretty well guess he heard nothing back through yesterday, so .... If you think its smart, I will encourage him to call the Trustee and inquire yet again this coming week. I don't want to make the Trustee mad, but, I have been pretty patient ( I think ) waiting month after month.