Trustee still won't close case after discharge!

[puggymoo]

We were discharged on June 21rst. I have been waiting for a check from account for 4k so our case can be closed. Our trustee says we still have an open claim. Yes we have a secured claim on a house that was surrendered in November of 2010. Our attorney has been contacting her and telling her that it doesn't matter. Trustee says she is waiting for a claim since house has been sold(NOT). I informed lawyer and trustee that NO the house was suppose to auction in January but the lawyers at Metlife are morons and did not read the the "stay lifted upon confirmation". I had to call them and tell them what the papers said. Metlife pulled out of foreclosure and as of June 29th have restarted the process all over again.

I called the trustees office again and told them what I found out Friday Aug.5th. Can the trustee hold a case open for another 9 months or longer until the auction date?

[AngelinaCatHub]

The Trustee in theory can hold it open forever if he sees you may become an asset case. He then can even reopen the case. It is rare, and I don't understand all that you explained but you mentioned 4K coming your way. That is reason not to close your case. 'Hub

[lrprn]

@Puggymoo, let's see if I have this straight.....
1. Your trustee discharged your 13 on June 21.
2. Your trustee is not closing your case because your mortgage company messed up the foreclosure paperwork.
3. Your mortgage company started the foreclosure paperwork over on June 29.
4. You are stuck in limbo until your mortgage company gets its act together, files the correct paperwork that they have foreclosed your house and auctioned it off (when they do auction it off), and then notifies your trustee about the sale.

Ok, how close to your reality am I?

You mentioned your bk lawyer is contacting the trustee. How is your lawyer explaining this situation to you? It sounds like you have been contacting your lender and your trustee directly yourself - is your lawyer aware of that and okay with it?

[puggymoo]

Yes my lawyer knows I contacted them myself. Most of the time he tells me to talk to the trustees office. Yes you have all the facts right. I did find out that the trustee may just give us the 4k balance (all unsecred claims paid THAT filed) and close the case. I believe I'v been a big enough pain in the rear . What's stupid is we had 2 offers and they were rejected a year ago. We had moved to a rental in July of 2010 and rejected in August because we wouldn't give them 6k cash but we would sign a promissary note for 15k over 5 years and the house would of sold for 35k more than they will get know.