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What does discharge only mean?

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    What does discharge only mean?

    This is a rather complicated case. My sister basically put my name on a house when we closed because I had helped her in the past. Later on she got mad at me, and used a pre-signed quit claim deed to remove me from the title without my knowledge.This caused me all kinds of problems.

    At the 341 I was up front with the trustee, and explained what happened.I filed an asset case because I knew this would cause problems.

    Now, am I right in assuming the trustee is going after her to pay the creditors.Plus his nice little fee.

    I haven't spoken to my sister since she pulled this stunt. Is there a chance he would let this slide?

    I have a feeling this case won't close for a long time.

    Any thoughts on this?
    She has cut her self off from her mother,other brother, and me.

    So, I'm a little concerned about what she might try to do, if the trustee goes after her.

    In other words, she's crazy...

    Life's a mess, isn't it...

    #2
    There is absolutely no way to tell what the Trustee is going to do, unless a.) the Trustee orally informs you that they are going to pursue the asset, b.) the Trustee files for employment of counsel (likely to pursue some asset), and/or b.) actually files a motion to sell the property free and clear of liens. I can tell you, with reasonable certainty, that the Trustee is likely reviewing the title and transfer and determining whether the transfer is avoidable.

    Until the Trustee makes a move on this, there is no way to tell what the Trustee will do. Did you file pro se (on your own)?
    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


      #3
      Yes, I filed pro se . The property has already been sold, and she has cash in hand from what I can tell.Which I told the trustee at the 341. I have my discharge as of today.

      We're talking 50k for the creditors here, and I believe I'm out of it now, except for testifying in any court proceedings on recovering assets for the credits.Which I'm more than willing to do.
      I went to the 341 with clean hands, and was upfront.

      This is the third time she's done me dirty, so I'm through with it.She has broken my 87 yo mother's heart.

      .

      Comment


        #4
        I am sorry to read about the family dynamics. At least, this will not affect you from a bankruptcy standpoint. It may certainly affect your estranged relationship with your sister. As you know, the Trustee will pursue your sister and/or undue the actual transfer which would be the most extreme thing. It should be interesting, to say the least!
        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


          #5
          Considering the sadness of this thread, BrokeAldo, I am going to give you your Congratulatory Dance of Victory in another thread!
          "To go bravely forward is to invite a miracle."

          "Worry is the darkroom where negatives are formed."

          Comment


            #6
            Thank you all. I am just sorry all this had to happen. My heart breaks for my mother.
            My older bother says she will really regret the way she did my mother later. My sister is 65 yo. I guess some people never grow up.

            Anyway, thanks for listening to me.

            Comment


              #7
              i don't mean to rain on anyone's parade, but,your discharge means no one can come after you for any of the debts you listed on your petition. however, you do still need that order of "close" or your chapter 7 is still open.

              it's still GREAT that no one will be pursuing you, however, i would most certainly want to find out what is the subject of why your case is not being closed, it sounds like it must be the situation with your sister like you were saying. at least no surprise. siblings are really something, ( i have a few of my owe) and you never really know someone until it comes to lining ones pockets. it's really sad. i'm certain this will all work out for the best.

              again, congrats on your discharge!
              8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

              Comment


                #8
                You are more than welcome. This is what we're here for.
                "To go bravely forward is to invite a miracle."

                "Worry is the darkroom where negatives are formed."

                Comment


                  #9
                  ull docket text:
                  COMES NOW the Chapter 7 Trustee in the above-styled case and reports that the Trustee is investigating the possibility of the recovery of assets in this case for the benefit of the creditors. No party in interest has filed a request for an order of dismissal pursuant to 11 U.S.C. 521(i)(2). Filed by XXXX J. XXXXX on behalf of X J. XXXX. (XXXX, XXXXX trustee).

                  When they file these documents, are they pretty sure they will win?



                  PACER Service Center

                  The Trustee is going for it, it looks like.

                  Will Pacer show when she is served.I'm a little worried about her mental state, and what she might do.

                  Thanks for any advice.

                  Comment


                    #10
                    The Trustee does not win these 100%, but the Trustee is reasonably confident that they will succeed when they go for recovery of assets for the benefit of the Estate. I do not know if the Trustee's "demand" letter, to your relative, will be in PACER, but if there is anything that needs to go before the court, it will definitely be in PACER. It could take some time for this to unravel.
                    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


                      #11
                      Thank you again for your kind consideration.

                      Comment

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