In a New York City Chapter 7 Bankruptcy Case there are several events which take place before a debtor receives a discharge.  First a petition is filed and a 341 meeting of creditors is held.  At this meeting the Trustee will review all of the assets and liabilities of the estate and decide whether there is any non-exempt assets that are available to the creditors of the estate.  If the Trustee is able to find such assets and sell them the Trustee is entitled to 10%(varies by jurisdiction) of the value he distributes to creditors.  For this reason you will see a Trustee’s eyes light up if there is a substantial asset for him/her to liquidate for the benefit of the Estate. Once the Trustee has performed a “diligent inquiry” into the estate she should abandon any assets that have no or nominal value to the creditors.  So if there is a $20,000 house in detroit that is deemed unsellable then the trustee may abandon the house and the debtor or secured property holder keeps the house.

If you live in New York City and would like a free in-debth consultation please contact my office at 212-244-2882.  Mention this blog and you will receive a free 3-bureau credit report and I will pay for all of the necessary bankruptcy courses when you sign a retainer with my office.

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