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    Should I call?

    Hi All-
    I know that the experts are here, so I wanted to pose this question to you all. Our Chapter 7 case was filed on October 10 of 2005. We discharged on February 22nd, but were an asset case, because of our 2000 dollar tax return. We are now in October almost a year from when we filed and our case has still not closed! In july the trustee filed a final report, then a application for fees owed. There was a deadline of August 17th to object to his fees. At the end of august, the fees were granted to him for our estate (all 400 dollars) and notices sent out etc. Now it's October...I had called the clerk of courts the end of Augest to see when I might plan on having this nightmare done and over with. He stated that trustee needed to file a final accounting and they would close the case within 3 days of that notice. He said it would take probably 30 days max..well, here we are in October and nothing...no further activity in pacer, no mail etc.

    We would really like to get this thing wrapped up and closed, because our lender for our car is willing to refinance to a lower payment for us, but we have to have our case closed out and finished.

    Here's my question. I do have the email address to the trustee's firm, do you think sending a quick question to see if anything else is needed of us to that email would be a bad idea. We have had all our assets accounted for and distributed so there is nothing that is left to take. I suspect that the hold up here is due to the massive amount of people that have filed under the old law...but we will only be able to take advantage of this finance offer for another 30 days.

    So what's the opinion of the masses here? Should I touch base with the trustee's office or wait it out some more?

    Thanks much!

    #2
    Wow

    Just about a year has gone by since you filed . I know that my trustee (in the state of Virginia) will except emails but will not send emails and/or faxes.

    Did you get a lawyer or file pro se? I think it best to contact the lawyer or walk into the trustees office and get answers.

    Good Luck, Catchmeifyoucan
    Last edited by CATCHMEIFYOUCAN; 10-04-2006, 09:11 AM.
    July 2006: Filed Ch13 :blink:
    Oct 2006: Converted to Ch7 :clapping:
    Jan 2007: DISCHARGED :clapping:
    Nov 2007: CLOSED :yahoo::yahoo::yahoo:

    Comment


      #3
      In the same boat here. We were told that after proof of claims are administerd that the trustee still has six months to file his final report.

      Comment


        #4
        BELIEVE ME, THEY GET IN NO HURRY..................

        I'm still 700+ days and counting............... waiting on my final...........closed.
        Minny

        "It's amazing the paths that our feet sometimes follow in life".

        My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

        Comment


          #5
          Gosh Minny, I still don't know in the world you have endured the last 700+ days like you have. You must be made of good stuff. If that was me, I'd have someone hanging from a noose by now.
          Bankruptcy History:
          Chapter 7 filed - 10/12/2005 - Asset
          Discharged - 02/16/2006
          Case Closed - 11/08/2007

          A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

          All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

          Comment


            #6
            Originally posted by wendichris View Post
            Hi All-
            I know that the experts are here, so I wanted to pose this question to you all. Our Chapter 7 case was filed on October 10 of 2005. We discharged on February 22nd, but were an asset case, because of our 2000 dollar tax return. We are now in October almost a year from when we filed and our case has still not closed! In july the trustee filed a final report, then a application for fees owed. There was a deadline of August 17th to object to his fees. At the end of august, the fees were granted to him for our estate (all 400 dollars) and notices sent out etc. Now it's October...I had called the clerk of courts the end of Augest to see when I might plan on having this nightmare done and over with. He stated that trustee needed to file a final accounting and they would close the case within 3 days of that notice. He said it would take probably 30 days max..well, here we are in October and nothing...no further activity in pacer, no mail etc.

            We would really like to get this thing wrapped up and closed, because our lender for our car is willing to refinance to a lower payment for us, but we have to have our case closed out and finished.

            Here's my question. I do have the email address to the trustee's firm, do you think sending a quick question to see if anything else is needed of us to that email would be a bad idea. We have had all our assets accounted for and distributed so there is nothing that is left to take. I suspect that the hold up here is due to the massive amount of people that have filed under the old law...but we will only be able to take advantage of this finance offer for another 30 days.

            So what's the opinion of the masses here? Should I touch base with the trustee's office or wait it out some more?

            Thanks much!
            Very politely and cordially call the court and ask about the current status of your case. It may just be sitting in a pile on the trustee's desk and overlooked. Several members have posted that this helped them get their case moving again. Just be sure to be very polite and keep the conversation short and to the point.
            I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

            06/01/06 - Filed Ch 13
            06/28/06 - 341 Meeting
            07/18/06 - Confirmation Hearing - not confirmed, 3 objections
            10/05/06 - Hearing to resolve 2 trustee objections
            01/24/07 - Judge dismisses mortgage company objection
            09/27/07 - Confirmed at last!
            06/10/11 - Trustee confirms all payments made
            08/10/11 - DISCHARGED !

            10/02/11 - CASE CLOSED
            Countdown: 60 months paid, 0 months to go

            Comment


              #7
              Thanks all

              Hey all,
              Thanks for the advice, it's nice to know that (unfortunately) there are some people in our shoes. I did call the Clerk of Courts today to try to find out what the status was...unfortunately, I received someone who really didn't quite know what was going on. She told me that the proof of claims had to be filed...and all the receipts back. Well, the deadline for our proof of claims was on March 20th! I very politely told her thank you, and decided that I will call back again tomorrow.

              According to Pacer, the trustee did file a final report on June 22 and the order of distribution and application for trustees fees was over on August 28th. Of course, now we are in October and it has been almost a year since this whole thing started...I am eternally greatful for our discharge, turned our lives around..but I tell you, I am anxious to see this thing closed and out of our lives for good (a feeling which I am sure you ALL understand well!). A very helpful Clerk of Courts worker who I spoke with in August, stated that everything was finished up, but a short notice of final accounting that needs to be sent to the court. It's frustrating to see the light at the end of the tunnel and just not quite reach it. I guess all I can really do is wait, and try to get a informed clerk of courts employee...

              Thanks all -
              Wendi

              Comment


                #8
                GaCreditGuy went thru a similar thing, Wendi.

                His case file got shuffled to the bottom of the pile.

                A few calls to the Clerk of the Court got his case file found, put back in rotation, and got his BK discharged and closed.

                So maybe a little more polite pestering is all it will take for you as well.

                Remember, the screaky wheel gets the grease!
                Filed Ch 7 - 09/06
                Discharged - 12/2006
                Officially Declared No Asset - 03/2007
                Closed - 04/2007

                I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                Comment

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