Trustee Closing Case Question? When Does Trustee Close Case?

[PAPERBOYS]

I have received my Discharge in the mail. At what point does the Trustee close my case to where I am 100% Done? NDC status says J-Completed, and gives a date for the date closed. Thanks!

[justbroke]

It can take 45-90 days for the case to go from Discharged to Closed. The Trustee must actually wait for every check to be cashed and for no check to be returned. That alone takes 45-60 days. The Trustee must then complete a case audit and file a "final distribution report".

[dmc-2008]

I thought the discharge was it! Gosh!!!!

[justbroke]

The discharge "is it" as far as the debtor is concerned. The closing is an administrative task. What I mean is that a debtor wants his/her debts discharged. Upon the entry of the order discharging the debt, the debtor has achieved that goal. The Trustee, however, still has a job to do.

I actually like that the code reads that the discharge must be entered with all due haste after the expiration of the period to file the dischargeability complaint (in a Chapter 7) or the payments have been made under a plan of reorganization (for Chapter 13). Otherwise you would be waiting for months after technically being "done".

[andy158]

Our case is discharged and NDC shows a balance on hand of $984. Wage garnishment didn't stop until after the discharge order . Hope to get that refunded after closing!

[kornellred]

The Chapter 13 trustee's closure date is when the trustee records the final payment in the plan and completes most (but not necessarily all) administrative duties associated with an individual case. The BK Court's closure date is typically one month AFTER the Chapter 13 discharge is granted. After the Court's official closure date, no entity can oppose the discharge even if such entity has good reason to.
The trustee closure date and the BK Court closure date can be months apart.

My own Chapter 13 case: Trustee Case Closed Date: 09/2012 BK Court Discharge: 12/2012 BK Court Case Closed Date: 01/2013

[plateump]

Andy158... I had a balance because of the delay between payment 60 and the 'stop garnishment' order. It was a good chunk of cash. I was surprised when a check showed up at my house for the full amount after the discharge order was entered. Even my attorney didn't expect that. But he said it was most likely because I never missed a payment, I was very thorough including EVERY creditor I had, diligent in my disposable income calculation and timely in reporting any changes to my status as far as secured debts being paid in full during the plan. Also my attorney was top-notch and had a great working relationship with the trustee.

So, good luck. If your plan and payments were smooth, you're in good shape!