Have your attorney object to the Trustee, if you have grounds.

Answer Applies to: Washington
Replied: 1/19/2012

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An important concept is the difference between prejudice and unfair prejudice. Prejudice implies harm to the party-that is no doubt your case (I think). However, prejudice per se does not necessarily entail unfairness. Rights of both debtors and creditors must be honored. Liquidation is rare in this neck of the woods. Yet, if there's cake, one can't eat it and have it, too. Exemptions need to be applied correctly, but ultimately, an asset case may be inescapably an asset case. Still, due process applies. Going at it alone isn't practical.* The trustee-who is likely an attorney or has equivalent relevant skills, has her own attorneys at her disposal. One deserves and needs advocacy: not all cake is tasty and there's no need to... um, burden the estate with unfilling baked goods that the creditors won't stomach anyway. This answer (as well as our Web site) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon; it creates no attorney-client relationship; it may be pertinent to CA only; it's independent of other answers. Hire legal counsel before acting or refraining from bankruptcy/legal action.

Answer Applies to: California
Replied: 12/12/2011

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The sworn duty of the Chapter 7 Trustee is to liquidate all nonexempt property of the Estate and remit the proceeds to creditors *pro rata*. Of course Trustees can be wrong, and their actions must be approved by the Bankruptcy Court in order to become effective. If you believe that your Trustee has not been fair or impartial then you may bring a motion for reconsideration or revaluation before the Bankruptcy Court. Consult your bankruptcy attorney for more information.

Answer Applies to: Illinois
Replied: 12/2/2011

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This is what can happen when people file their own cases.

Answer Applies to: California
Replied: 12/2/2011

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You can fight thru many avenues but your best way may be to convert to 13.

Answer Applies to: Florida
Replied: 12/1/2011

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If assets are exempt you must claim the exemption on Schedule C. You don't just "hope" they are exempt. You should amend your paperwork and claim your exemptions otherwise the trustee will liquidate.

Answer Applies to: California
Replied: 12/1/2011

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The Trustee cannot take things that you exempted in Schedule C without having filed an Objection to Exemptions and have been victorious in their Objection. You may have thought things were exempt but if you did not exempt them under Schedule C then they may be liquidated. You do have the right to amend Schedule C.

Answer Applies to: Texas
Replied: 12/1/2011

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You apparently did not find an attorney and filed pro se. I do not know the specific facts so I cannot tell you if the trustee is being fair or not. It depends on the asset, the value, whether you have correctly listed an exemption for the asset or if there is an exemption for the asset you believed you would keep.

Answer Applies to: Florida
Replied: 12/1/2011

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Yes, if you don't give him the assets, he will file against you and then you can fight it in court if it is truly exempt. If it is not exempt, you will lose. Or you could convert your chapter 7 to a chapter 13 and keep your assets.

Answer Applies to: New York
Replied: 12/1/2011

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Yes....BUT....you will absolutely need an attorney to do this. Even a consultation with an attorney to find out if it is possible in your case because sometimes you have an argument to make, and sometimes not at all.

Answer Applies to: California
Replied: 12/1/2011

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I assume that you are handling your own bankruptcy, and that you do not have a lawyer involved. That is a big mistake. The trustee does not get to decide which assets are exempt. You (your lawyer) sets forth the exempt assets on your bankruptcy petition, and then the trustee must challenge them if he thinks them improper under the law. Only the judge can rule on this if the debtor and the trustee cannot agree. Bankruptcy is a very tricky area of the law, and even non-bankruptcy lawyers are confused by the arcane procedures. It is one area where someone absolutely needs a lawyer. Leave the do-it-yourself legal work to parking tickets or trying to show the judge that the dog catcher was wrong in giving you a ticket. For bankruptcy, get a lawyer who knows the area and has done bankruptcies for many years.

Answer Applies to: New York
Replied: 12/1/2011

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Yes, you can object and ask the court for a hearing.

Answer Applies to: California
Replied: 11/30/2011

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You are likely too late. The time to deal with this question is before you file, using a good lawyer to maximize your exemptions. By the time he is selling your stuff, you have likely missed every deadline, and, like most people who file pro se, learned why you needed a lawyer.

Answer Applies to: Georgia
Replied: 11/30/2011

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The trustee is required to sell non-exempt assets for the benefit of creditors. Consult with an attorney for your rights in connection with assets you are allowed to keep.

Answer Applies to: California
Replied: 11/30/2011

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You should consult a local bankruptcy attorney for guidance. It should not be a question of fair versus unfair. Your property is either exempt, in full, in part, or not at all, according to applicable law.

Answer Applies to: Indiana
Replied: 11/30/2011

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The final decision about what assets are exempt and what assets can be sold in your bankruptcy case is up to the bankruptcy judge in your bankruptcy case. Your options including negotiation with the trustee or his counsel, or filing an appropriate motion in your bankruptcy case and letting the judge in your case decide.

Answer Applies to: California
Replied: 11/30/2011

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The trustee can only sell assets with the court's approval. Thus, you can file objections to those motions if you feel it is unfair. Don't get your hopes up as our trustees know their scope and it's very rare they liquidate a protected asset.

Answer Applies to: Colorado
Replied: 11/30/2011

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If you don't have an exemption which applies to an asset, or if the exemption is not enough, the trustee can sell them.

Answer Applies to: California
Replied: 11/30/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.