If I had no other creditors come forward, can trustee sell my house just to pay his professional fees? 8 Answers as of August 28, 2015

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Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
The trustee can send out a Notice of Possible Dividend and encourage your creditors to file claims in the bankruptcy court if it looks as though there are assets to distribute. You say no creditors came forward, but you don't say whether such a Notice was sent yet or whether the deadline to file a claim has passed.
Answer Applies to: Colorado
Replied: 6/23/2015
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Without looking at the Court's file, it's hard to say. Based on 33 years experience, I would say yes. The Trustee will contact all of your creditors and ask them to file a proof of claim. You have other options, but you would need to meet with an experienced BK lawyer quickly so you can learn your options. Time is of the essence! Most attorneys, like myself, charge our regular hourly rate for a one hour meeting to discuss your options. Good luck!
Answer Applies to: Colorado
Replied: 6/23/2015
Stephens Gourley & Bywater | David A. Stephens
Not if the house is exempt. If it is not exempt, he could do it, but would likely simply let you pay his fees to save the house.
Answer Applies to: Nevada
Replied: 6/23/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
If you filed a bankruptcy and had assets that were not protected by state law, the trustee can always sell those assets and then contact your creditors to let them know to file claims. Creditors don't have to come forward right away for a bankruptcy trustee to perform the job given to him/her because you chose to submit to the authority of the bankruptcy court.
Answer Applies to: Nevada
Replied: 6/23/2015
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
This question makes no sense. If you filed bankruptcy then you must have creditors. If your home is exempt then it won't be sold. If the value exceeds the claimed exemption then it will be sold and divided among the creditors. It does sound like you filed without the assistance of a knowledgeable local bankruptcy attorney which is a huge mistake. You could re-post with more facts or better yet speak with the above mentioned attorney who can better look at all the facts and advise you.
Answer Applies to: California
Replied: 6/23/2015
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