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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I have a client that we are doing a shortsale on his house

Customer Question

I have a client that we are doing a shortsale on his house for and at the same time my client has filed a ch 7 bk and we finally received the discharge from the court but the lender is still insisting that have not received the release of stay doesnt the discharge mean the bk is over and everything is done?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 6 years ago.

Thank you for your question. I am happy to assist you.

I am a lawyer with 25 years experience. While I am permitted to provide you with legal information, I am prohibited by and various state bar associations from giving legal advice, representing you or entering into an attorney-client relationship through this open and nonconfidential forum.

You are correct. Since the bankruptcy case is now closed, there is no longer an automatic stay in effect.

Customer: replied 6 years ago.
does the discharge which we have constitute the case is closed or is thier something else we need to receive?
Expert:  Ellen replied 6 years ago.
The discharge does not necessarily mean that the case is closed but it usually is. You can contact the trustee's office to determine whether the trustee has either "abandoned" his interest in the property or closed the case as a no asset. If the trustee has either abandoned his interest or closed the case, you may proceed