Legal Question in Bankruptcy in Hawaii

Avoiding Foreclosure, must sell home prior to BK 7 closure

We have rec'd Discharge of Joint Debtors dated 12/16/02. However, we retained a business note that the Trustee seized and to our knowledge has not yet been sold. Our attorney has taken ill and we have not been able to get in touch with him since receiving the Discharge. Is our BK closed and can we sell our homestead without violating our BK 7 or must we wait for any further documents advising we are officially closed? Financially we need to sell ASAP to avoid a possible foreclosure. Your advice would be greatly appreciated. Should we contact the Trustee's attorney?


Asked on 1/31/03, 12:03 am

2 Answers from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Avoiding Foreclosure, must sell home prior to BK 7 closure

Based upon the skimpy information you provided, and having not reviewed the file or any other documents, there appears to be no reason you cannot sell the property.

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Answered on 1/31/03, 11:21 am
George Savage George S. Savage, P.A.

Re: Avoiding Foreclosure, must sell home prior to BK 7 closure

Based on what you have stated, it appears that the discharge has been entered and you do not need anything further to sell your property. You can contact the Trustee about the note; however, but that is seperate and apart from selling your home. Assuming there are no liens on your property, you are under no obligation

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Answered on 1/31/03, 12:39 pm


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