My question involves bankruptcy in the state of: Missouri
This involves a family member. I know most of the details, but I am not directly involved. I'm asking the question here because apparently the hired lawyer is choosing not to communicate now that the debts have been discharged -but the case is still open.
The 341 hearing was back in January, before the bankruptcy was filed the mortgage holder had not started, or hinted at, foreclosure. As soon as the creditors were notified, the mortgage holder asked to start foreclosure at which time the automatic stay was put in place. The homeowner's intention was to surrender the home to gain the equity and find a more financially suitable living situation. The equity exceeds the homestead exception, and the trustee hired a realtor to sell the home.
Now, the discharge occurred several months ago, and the realtor has so far been unsuccessful in selling the home (it has been relayed to me that they may not be particularly competent, or knowledgeable of the area). My question is: how long can this continue?
I've read that as soon as the debts are discharged that the creditor could file for relief from the automatic stay - and that the homeowner will be notified so as to present their case. Would this be expected any day now, or 6 mo after the discharge, or what? I'm just curious, as I would like to help the family member prepare. Also, is it "permissible" for the debtor to contact the trustee maybe with information on issues with the realtor?

