We filed Ch. 7 in April, including the house. We are now living in a small rental, but the big house is full of STUFF that needs to be liquidated. Have been talking to auction/estate sale people. One told me that the sale cannot be held until discharge or the money will be taken(?) All I have spoken with are busy and want to know how much time we have. I have asked the attorney several times how much longer we have in the house. He insists that he doesn't know and cannot find out...
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BTW, we are in Georgia. -
Not being a smart aleck, but your lawyer can't tell you what he doesn't know.
Were you in foreclosure (waiting for a sale) when you filed your Chapter 7 in April? If not, this may be applicable:
A notice of sale is published once a week for the four weeks before the sale. The notice is also sent to the borrower a minimum of 30 days before the sale date. The notice must include the date, time, and location of the sale; a description of the property; mortgage information; and the lender and borrower names.
The auction/estate folks are aware that until your discharge that all of your belongings are still the property of the bankruptcy estate. If you have the exemptions to cover the items you are planning to auction, you should receive the proceeds from those items, if not, the Trustee could demand the money from you that you received for the item (I think that is what was meant by the comment about the money). They are being prudent to wait until after you are discharged before holding an auction or sale.
It looks likely that you will have time to schedule an estate sale before your foreclosure sale (unless the auctioneers are booking extremely far in advance).
Hope this helped you and welcome to the forum! I am sure other folks will chime in with advice and opinions but just so you are aware, the forum is slower on the weekends.
~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~Not an attorney - just an opinionated woman.Comment
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In addition to ValleYum's post, GA foreclosure sales happen on the first Tuesday of a calendar month and only then. So August 7th, September 4th, October 2nd are the next possibilities. If the upcoming sale has not yet been published in the paper, then it won't happen on August 7th.~Staci
Not an attorney, and never played one on tv. My responses are based on my own experiences & personal opinions.)Comment
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Wow Staci that is good info for Georgia folks to know!!Originally posted by SMinGA2 View Post
~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~Not an attorney - just an opinionated woman.Comment
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