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    Asset Case--questions

    I am filing a CH7 bankruptcy and have retained a lawyer. She thinks that with my store inventory I will be over the exemptions and because of the inventory, I will probably have an asset case.
    For those who have had an asset case, what can I expect? Can I just hand the inventory over to the trustee? The shop is bankrupt, which is why I am filing, and I won't get anywhere near enough out of liquidating to cover my 70,000+ in debt.
    Do I have any say in what assets are taken? If, for instance, I end up with a few thousand dollars and ten thousand in inventory, would I have the option to keep the cash and turn over the inventory?
    Are these kinds of decisions up to the trustee--what to take? I am not worried about mine being an asset case, I just need to get out of this business before the lawsuits start, etc. so that I can begin again--go to work and actually get to keep the money that I make. I haven't made a paycheck at my business for the past 18 months.

    #2
    Basically, your discharge should go smoothly but, closing will take a few months until the assets are liquidated and distributed to creditors.
    I'd take nothing from the business unless, your lawyer gives the OK.

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      #3
      As far as what to expect from being an asset case, it seems like (in my case) the Trustee is in the process of determining if my store inventory is worth anything and if it is, they will send someone to pick it up and take it to auction. I have no say in the matter, if she wants it, they will come and get it. In my BK petition, I simply listed what equipment I had and the rest is up to the Trustee. You don't have a say in what gets taken and not listing something could get you into trouble if it is "found out" later.

      I just have to make the assets available for them to pick it up and don't have to do anything else. If it isn't worth her while to liquidate it, then she might let me keep it and I'll be free to do with it what I wish, but the Trustee has the final say in that matter.

      The determination of an asset/no asset case has no bearing on your BK discharge what so ever, it just means your case will stay open until all assets have been liquidated.
      Filed Chapter 7 (Primarily Business Expenses) 04/10/2008 FICO 468 :cry:
      341 on 05/06/08:unsure:House appraisal on day 63:blink: 07/10/2008 Discharged-Asset Case!!!:yahoo:08/09 Transu 559, Equifax 636, Experian 647
      Case Closed 07/15/2009 :D:yahoo:

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        #4
        Thanks for the replies. I wasn't thinking of taking anything out of the business, just wondering how the process goes if the trustee wants the inventory. Right now I am selling at 50% off and just putting any extra money we take in--in the bank. They can have that, too. I am just buried in debt and hoping for a fresh start.
        I am glad to hear that having assets doesn't affect discharge. I have been honest on my schedules with the lawyer--we even forgot a few pieces of furniture that we have updated her on. I wouldn't do anything to jeopardize a discharge. I really need this fresh start to get back on my feet again.
        Thanks for letting me know. I will finalize my paperwork and file in 2-4 weeks and hopefully this will all go smoothly.

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