My question involves bankruptcy in the state of: TN
I filed Chapter 7 near the beginning of the year and received the standard discharge. I did not reaffirm the house, and the trustee thinks there is equity, but not so much to overcome the $50,000 exemption. I agree to drop the exemption to $10,000. Thinking that the pluses for me are the that I can stay in the house longer, plus, I have the chance to get $10k. The trustee agrees with the lien holder to permit the trustee 120 days to sell the property. Well, 120 came and went. I am reemployed and am considering working with the lien holder to cure the default or modify the loan.
I called the real estate agent for the trustee and told her I was no longer interested in showing the property and that the 120 stay had expired. The exact wording of the order was that the trustee had 120 days to sell and after that, without any hearing, the lien holder was free to foreclose. Well, the trustee called me and left a nasty message that she was going to void the discharge and that she would have a judge wipe out my exemption if I did not immediately allow access to the house. I think she should have contacted my attorney instead of me...I immediately called my attorney who said he would handle it, I hope he can.
I just wanted to recount what can happen if you make a trustee mad. They have a lot of power and wield it. I'll update when I hear something.
Excerpt from the order
"It appears that the Trustee and Movant have agreed that the automatic stay should remain in place in order to provide the Trustee an opportunity to sell the Property.
IT IS THEREFORE ORDERED that (i) the motion to modify the 11 U.S.C. § 362 automatic stay filed by Movant be conditionally denied, and that the automatic stay remains in place, in order to provide the Trustee an opportunity to sell the Property; (ii) that Trustee be permitted 120 days from the entry of this order to conduct the sale of the property and satisfy
movant’s mortgage balance; (iii) that if the Trustee cannot sell the Property within the aforementioned time period, the Movant shall immediately be granted relief from stay and the property abandoned from the estate without any further hearing or filing and any funds produced from a sale of property in excess of liens shall be turned over to the Trustee."
I think the order is clear, the trustee had 120 days. She couldn't sell and now wants more time.

