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Is there a certain time limit.....?

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temple

Member
Texas. Does anyone have any knowledge on the time limit, if any, that a Trustee in a Chapter 7 Bankruptcy case has to file/enter a "Trustee's Report of Sale"?

In this specific case Trustee sold 3 firearms that were scheduled as "personal property of Debtor" back to the Debtor in exchange for $500.00 in April 2006. Proceeds benefitted his estate. The "Trustees Report of Sale" was filed/entered on December 17, 2007.

Note that in April 2006, case was "No Asset". August 2006, case changed to "Asset". Debtor received discharge in September 2006. Case currently remains open, as Trustee attempting to recover additional property.

Thanks in advance!
 


Ladynred

Senior Member
No time limit that I can find.. but the Trustee can keep the case open as long as they want to (for valid reasons) and as long as all the necessary reports ARE filed, they're not likely to be questioned.
 

temple

Member
what abt "Local Rules"??? Translation please?

Someone suggested that the time limit for filing the "Report of Sale" are very strict and are found under the "Local Rules" of your specific state, mine is TEXAS. I looked and found 2 limits....one which states 5 days, but that is for report of sale for personal property. The other I found under Texas Probate Law, which states a limit of 30 days to file the "Report of Sale" by the estate's Trustee, but is ambiguous as it does not state specifically as to whether the sale is of real estate property or personal property. I cannot find, although there are references to personal bankruptcy throughout the Probate Laws, that the filing deadlines apply to property in Bankruptcy and Probate, or just Probate. Maybe I overlooked it? Or, more likely, am unfamaliar with the legal language and did not understand.

Anyone care to give it a go? I would be grateful, even if I cannot apply any of it to my specific case, then at least I will know that and can rule it out...and, just maybe, someone it could help will read the explanation provided!

Thanks!
 

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