I want to sell my car which was included in my chapter 7. How long will it be after it is discharged that i can sell it?

Asked 10 months ago - Milwaukee, WI

I filed in april and have one more payment before discharge.

Attorney answers (4)

  1. Christine B. Adams

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . You are free to sell your car when you receive title. You do not have any waiting period.

  2. Dorothy G Bunce

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Technically, you don't even have to wait for a discharge. The trustee has 30 days after the conclusion of the 341 meeting to object to your exemptions. Once that 30 days have elapsed, the property rights return to your control. Hope this perspective helps!

  3. Stuart Bradley Handelman

    Pro

    Contributor Level 11

    4

    Lawyers agree

    Answered . I'm surprised you have not already received your discharge. Call the clerk of the court. Was the discharge order entered? If not, did the trustee file a no asset report? With either one of these items, you are free to sell the car as soon as you receive the car's title.

  4. Jay K. Nixon

    Contributor Level 13

    1

    Lawyer agrees

    Answered . With permission of your trustee, you could even have sold your car prior to your discharge. However the granting of chapter 7 discharge usually closes your case in consumer "no asset" cases. While you should probably still touch base with your attorney either way, once simple consumer bankruptcy cases are closed, you are normally no longer under any restrictions as to the disposing of your assets. Please do not assume that I am your attorney because of my response here, but feel free to call my office in Racine (262-633-3090 or email nixon@execpc.com) for clarifications regarding my answer. Otherwise, under the rules of this website, I would not be taking any further action on your case. See me on the web at www.jayknixonlaw.com. View my past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixo... , or see an even larger collection of responses at http://www.lawguru.com/answers/search/attorney/..., . Answers may contain attorney advertising materials.

    My answer here does mean that I am representing you, so be sure to consult your own attorney before deciding on... more

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