Legal Question in Bankruptcy in Arizona

My husband and I filed for Bankruptcy in Arizona in November 2010. Our case was discharged on February 28, 2011. AFTER the case was discharged we were informed that the BK Trustee was repossessing our toy hauler (trailer) and some land we had in northern Arizona. (We had these listed on the bankruptcy as assets because our lawyers incorrectly told us these could not be touched in any way). How much longer until our case is closed, and can they continue to try to repossess assets? We don't really have anything else of value, but our lawyers don't answer phone calls and are basically non-existent in our case except on paper. Any help you can give would be greatly appreciated.


Asked on 5/13/11, 9:15 am

2 Answer from Attorneys
Cindy Greene Carmichael & Powell, P.C.

Discharge is different from case closure. Discharge relieves you of financial responsiblity for your debt. The Trustee's job is to gather non-exempt assets of your bankruptcy estate and liquidate them. Your toy hauler and land are non-exempt assets which the Trustee has the right to take. The Trustee will close your case after he/she has gathered all the non-exempt assets, liquidated them, and paid all your creditors a pro rata share of the proceeds. This can take many months if not a year.

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Answered on 5/13/11, 9:53 am


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