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Home sale prior to case closing?

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    #1

    Home sale prior to case closing?

    Hello,

    It's been 3.5 years since we filed an asset ch 7 case. Discharged 2/12. Home in MA under Homestead act. Reached settlement with Trustee and fully paid over a year ago. Trustee's final report hearing is set for this week according to Pacer.

    We are thinking about putting our house up for sale. Can this expose us to any possible further charges/liabilities?

    How much longer can it take to close now? It's been a looong time already.

    Thanks for the help
    Tags: None
    #2
    It sounds like your case will probably close after the hearing. Unless the trustee has released his interest in the house, I don't think you can sell it. Have you talked to your attorney?
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

    Comment

      #3
      Thanks for your response. How can I find out whether Trustee has/has not released interest in my house? Being a bit skeptical, I am slightly distrustful of my attorney as the Trustee and him share the same street address and don't want to tip my hand in any way. But I could approach him.

      Comment

        #4
        Just call your attorney and ask or wait to see what happens. Neither your attorney nor the trustee has anything to gain by giving you incorrect information on this issue.
        LadyInTheRed is in the black!
        Filed Chap 13 April 2010. Discharged May 2015.
        $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

        Comment

          #5
          Do you mean that the trustee has no interest in the equity I have in my house?

          Comment

            #6
            Originally posted by 4Abetterlife View Post
            Do you mean that the trustee has no interest in the equity I have in my house?
            No, I don't know the details of your case that would be necessary to make that conclusion. I mean that your attorney has no reason to lie to you about the situation. If you want to know if you have to wait for your case to close to list your house or when your case will close, ask your attorney. You could get a PACER account to find out if the trustee has filed anything to release interest in your assets. But even if nothing is filed it may be okay to put the house on the market.
            LadyInTheRed is in the black!
            Filed Chap 13 April 2010. Discharged May 2015.
            $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

            Comment

              #7
              I have a Pacer acct. Is there a formal document/headline I should look for on the docket history? Thanks!

              Comment

                #8
                I believe you want to look for a notice of abandonment. Here's some info on abandonment of property by the trustee: http://www.nolo.com/legal-encycloped...ankruptcy.html

                If the property was exempt in the first place, there probably won't be a notice of abandonment.
                LadyInTheRed is in the black!
                Filed Chap 13 April 2010. Discharged May 2015.
                $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

                Comment

                  #9
                  OK, Thanks for your help LITR

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