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Chapter 13 Closed, I think...

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    Chapter 13 Closed, I think...

    Hello folks,

    My Chapter 13 was discharged on 04-Mar-2020, exactly four weeks after my final payment had been made. For the last two and a half months I've been sitting in "Discharged, awaiting closing" status. Now today two things happened:
    1. My NDC Case Information page was updated to show the following statuses:
      1. Case Status: Completed, 1-39%
      2. Date Case Closed: 03/04/2020 (this field was previously blank)
    2. I got a letter from my Trustee which contained a "Chapter 13 Standing Trustee's Final Report and Account"

    I find a few things interesting:
    • How can the closure date be the same date as the discharge?
    • Pacer is still showing a Pending Status of "Awaiting Closing"
    • Up until now I had believed Pacer would be the first to be updated and NDC may never reflect closure; kind of funny given the reverse seems to be the case.
    In the end, I *think* my case is officially closed now, so maybe NDC, which is a free service, should be the go-to resource versus Pacer.

    Regards,
    Shipo
    Chapter 13 (not 100%):
    • Burned: AMEX, Chase, Citi, Wells Fargo, and South County Bank cum Bank of Southern California
    • Filed: 26-Feb-2015
    • MoC: 01-Mar-2015
    • 1st Payment (posted): 23-Mar-2015
    • 60th Payment (posted): 07-Feb-2020
    • Discharged: 04-Mar-2020
    • Closed: 23-Jun-2020

    #2
    shipo - it's about time...HOORAY!!!!! When my case closed I received the letter from the Trustee you received, so you are DONE! Congratulations!
    I know you are an NDC fan, but Pacer is the OFFICIAL CASE/COURT RECORD and will provide the correct closing date, etc. I'm sure it's just an issue with the court having to get it input. The fact you received the letter is proof you're done! You can sleep well tonight!!!!
    Filed Chapter 13 - 07/20/12
    Discharged 8/2/16

    Comment


      #3
      As sophieanne writes, the only way to tell if the case is actually closed, is in PACER (CM/ECF). It would be at the top of the screen after you search and find your case. The top of the screen should have a line "Debtor discharged: DD/MM/YYYY". If closed, it will also have a "Date terminated: DD/MM/YYYY" below the debtor (and/or joint debtor) discharge date. The date terminated, is the date of close.

      Please do not use the "Status" page on PACER (CM/ECF) for anything. That's a tickle system for the Clerk's office only and is hardly ever accurate. My original case still says Awaiting Confirmation 4,313 days! (And my last case still says Awaiting Discharge 2,159 days (and I was discharged a year ago).

      The indications in NDC are just related to the payments in the National Data Center and the Trustees duties. I will say, though, that once the Trustees Final Report and Account are filed with the court, the close comes shortly thereafter.

      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

      Comment


        #4
        Originally posted by justbroke View Post
        As sophieanne writes, the only way to tell if the case is actually closed, is in PACER (CM/ECF). It would be at the top of the screen after you search and find your case. The top of the screen should have a line "Debtor discharged: DD/MM/YYYY". If closed, it will also have a "Date terminated: DD/MM/YYYY" below the debtor (and/or joint debtor) discharge date. The date terminated, is the date of close.

        Please do not use the "Status" page on PACER (CM/ECF) for anything. That's a tickle system for the Clerk's office only and is hardly ever accurate. My original case still says Awaiting Confirmation 4,313 days! (And my last case still says Awaiting Discharge 2,159 days (and I was discharged a year ago).

        The indications in NDC are just related to the payments in the National Data Center and the Trustees duties. I will say, though, that once the Trustees Final Report and Account are filed with the court, the close comes shortly thereafter.
        On that screen I see four lines of information, the fourth line simply says, "Debtor discharged: 03/04/2020"; no mention of a termination/closing.

        I'm not sure why the NDC site got updated with the closure information before Pacer, but hey, I'm not complaining.
        Chapter 13 (not 100%):
        • Burned: AMEX, Chase, Citi, Wells Fargo, and South County Bank cum Bank of Southern California
        • Filed: 26-Feb-2015
        • MoC: 01-Mar-2015
        • 1st Payment (posted): 23-Mar-2015
        • 60th Payment (posted): 07-Feb-2020
        • Discharged: 04-Mar-2020
        • Closed: 23-Jun-2020

        Comment


          #5
          Originally posted by shipo View Post
          On that screen I see four lines of information, the fourth line simply says, "Debtor discharged: 03/04/2020"; no mention of a termination/closing.
          That means that your case is still not closed, however you do have your discharge.

          Originally posted by shipo View Post
          I'm not sure why the NDC site got updated with the closure information before Pacer, but hey, I'm not complaining.
          They are two different systems serving two different purposes. The NDC is for the Trustee(s) and it indicates that the Trustee has completed the case. However, the court (and judge) is responsible for actually closing the case and that's only done in PACER (CM/ECF). I think of the NDC as just information related to payments, and PACER as the actual official case.
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

          Comment


            #6
            Congrats on the discharge!

            It took nearly a month after the discharge posted on PACER for my 13 to be listed as terminated.

            Comment


              #7
              Thanks switch625, Pacer noted my discharge over 11 weeks ago; no termination yet. This might be considered a long time for some Chapter 13s, and yet just a drop in the bucket for others.
              Chapter 13 (not 100%):
              • Burned: AMEX, Chase, Citi, Wells Fargo, and South County Bank cum Bank of Southern California
              • Filed: 26-Feb-2015
              • MoC: 01-Mar-2015
              • 1st Payment (posted): 23-Mar-2015
              • 60th Payment (posted): 07-Feb-2020
              • Discharged: 04-Mar-2020
              • Closed: 23-Jun-2020

              Comment


                #8
                Originally posted by shipo View Post
                Thanks switch625, Pacer noted my discharge over 11 weeks ago; no termination yet. This might be considered a long time for some Chapter 13s, and yet just a drop in the bucket for others.
                If your state has been shut down I imagine that might also make it draw out longer.
                I am not an expert. I share my experiences in the Wonderful Wacky World of Chapter 13! Filed 3-30-18 Confirmed 7-11-18 Discharged 6-8-22

                Comment

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