Legal Question in Bankruptcy in Michigan

bankruptcy discharge papers

I filed bakruptcy, went to the trustees meeting in April where they made me settle with paying 16,000.00 from a sturctured annuity that I have from the death of my sister. The judge ok'd it with the Trustee and a letter was sent to me and the trustee. The Trustee said they are not holding up my discharge papers yet I have not received them. I wish to sell the remaining portion of my annuity, pay off the debt to the Trustee and have some extra money for my family. Is this legal to do even though I still have not received my discharge papers in the mail yet? The Trustee has informed me that the Judge is slow on getting the papers out but it has been 6 months since the meeting of the Trustees and my first payment to them has already taken effect Sept 30th and am to make payments every month for 24 months to them, so I have no idea what is holding up the dicharge papers I am gettig no answers from the firm I went with and the courthouse will not answer and of my questions


Asked on 10/08/08, 9:45 am

1 Answer from Attorneys
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: bankruptcy discharge papers

Sometimes a call to the clerk's office will move your discharge along. I find occasionally if something out of the ordinary happens in a bankruptcy (Like reaching a settlement with the trustee because of assets), that can put a hiccup in the process. Try giving the Bankruptcy Court clerk's office a call. Also, you need court permission to sell an asset while you are still in bankruptcy, so if you want to sell your annuity and your discharge hasn't gone through, either hold on, or call your attorney about it.

Read more
Answered on 10/08/08, 9:57 am


Related Questions & Answers

More Bankruptcy Law questions and answers in Michigan