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    It's been a while - hi everyone!

    Well the discharge was issued in MARCH....but we still aren't closed? I know some of you had suggested putting a call in, as it is usually administrative, but is there the possibility of "stirring the pot" with that type of call (i.e. reminding the trustee that he may want to look things over again?)

    #2
    Originally posted by psirasmom View Post
    Well the discharge was issued in MARCH....but we still aren't closed? I know some of you had suggested putting a call in, as it is usually administrative, but is there the possibility of "stirring the pot" with that type of call (i.e. reminding the trustee that he may want to look things over again?)
    Hi psirasmom - good to see you!

    Remind me - are you an asset case? If you are, then that could be the slow down. Your trustee is likely waiting for some information about an asset. If you filed with a lawyer, call him/her and ask for a follow-up with the trustee.

    If you are a non-asset case, calling the trustee's office to ask about the status of your case is the best thing to do because there's no pot to stir . Your case probably just got lost at the bottom of some pile in the office somewhere. Call the office and politely ask about the status of your case. That should flush your case out and get it discharged.

    Have you checked PACER to see the status of your case there?

    Please come back and let us know what happens - good luck!
    Last edited by lrprn; 06-30-2007, 06:18 AM.
    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


      #3
      I looked back at your previous posts and your income tax refund "seemed" to be a bit of an issue.

      Did you wind up having to submit copies of your filed taxes to the Trustee's Office??

      If so, the Trustee should have decided by now whether he/she's gonna make your case and Asset case or not. Our Trustee decided within a couple of weeks of us submitting our filed taxes for review.

      If you didn't have to submit your taxes, and you've checked PACER re: your status and you aren't Closed,............ You can call the Clerk of the Court's office and ask. They really are very nice and they'll tell you what's going on. Could be your case has just been over looked. Could be your Court requires a waiting period after filing of last Notice before the Clerk can close the case.

      Just call. Tell the Clerk's office who you are. That you're Discharged, but you haven't received any notice as to whether or not your case is Closed. They'll look up your Case # and tell you what's going on.
      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


        #4
        Sorry for the delayed response - and who says kids activities slow down in summer? lol

        Anyhow - thanks for the responses - I am going to give my attorney a buzz tomorrow and see what his thoughts are. I checked pacer out of the blue the other day (which prompted this post) and that's what made me nervous. We are finally doing well, employment wise, finance wise, etc., so I just want that extra security that we really and truly are 100% done!

        Comment


          #5
          Good Luck
          May 31st, 2007: Petition Filed by my lawyer
          July 2nd, 2007: 341 Meeting Held
          September 4th, 2007: Discharged and Closed.

          Comment


            #6
            I think this is good?

            Trustee's Report of No Distribution: Trustee has received no property nor paid any money on account of the estate except exempt property, and diligent inquiry having been made, trustee states that there is no nonexempt property available for distribution to creditors. Pursuant to FRBP 5009, trustee certifies that the estate is fully administered and requests that the report be approved and the trustee discharged from any further duties. Trustee has served a copy of this report on debtor(s) counsel or debtor, if pro se..

            Comment


              #7
              Originally posted by psirasmom View Post
              I think this is good?

              Trustee's Report of No Distribution: Trustee has received no property nor paid any money on account of the estate except exempt property, and diligent inquiry having been made, trustee states that there is no nonexempt property available for distribution to creditors. Pursuant to FRBP 5009, trustee certifies that the estate is fully administered and requests that the report be approved and the trustee discharged from any further duties. Trustee has served a copy of this report on debtor(s) counsel or debtor, if pro se..
              Yep! That's good!

              That means your Trustee has "Officially" signed off on your case. He/She is done with you.

              Your Court may have some sort of waiting period re Closing.

              Our Court has a mandatory 30 day waiting period after the last posting. Then, the Clerk of the Court only Closes cases 1x a month, at the end of each month. So if your Trustee files that report early in a month, you could wind up waiting nearly 2 months to be closed.

              You might call the Clerk's Office and ask what the procedure is where you filed. Could be, you might have to wait a bit, or you'll be Closed right away.

              Congrats!!
              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


                #8
                Congrats, psirasmom - this is excellent news! As SF said, it's all over for you now but the final touches. Way to go and a BIG high-five!
                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


                  #9
                  psirasmom

                  Well the discharge was issued in MARCH....but we still aren't closed? I know some of you had suggested putting a call in, as it is usually administrative, but is there the possibility of "stirring the pot" with that type of call (i.e. reminding the trustee that he may want to look things over again?)

                  Hi

                  Me too! But I was discharged at the end of January, and finally trustee reported no asset/distribution report end of March and praying to be relieved of his duties.

                  But my case hasn't closed. So like you, I'm looking for that extra security that I'm really and truly am 100% done!

                  Best Wishes, Catchmeifyoucan

                  I'm hesitant to call the Clerk, I did shoot my lawyer an email couple weeks ago and he asked his parallegal to check, but have not heard from him since and I checked pacer to see if anything changed in the history entry's. Nothing yet since the Trustee's last report in March. Hmmm, it will almost be a year since I first filed for Ch13 end of July 06. My the time flies!
                  July 2006: Filed Ch13 :blink:
                  Oct 2006: Converted to Ch7 :clapping:
                  Jan 2007: DISCHARGED :clapping:
                  Nov 2007: CLOSED :yahoo::yahoo::yahoo:

                  Comment


                    #10
                    Thanks guys - nothing like the warm fuzzy wahhooooooo with my morning coffee

                    My boss used to do bankruptcy before the change over (we do real estate) - he said all that really matters credit wise is the discharge, because closing is administrative. Guess he's never been THROUGH bankruptcy!

                    Comment


                      #11
                      Basically your boss is right....... when its discharged, it's over for you, the rest is administrative (selling of assets, bookkeeping, etc - if you have any)....

                      You are done, good to go with those discharge papers...........

                      CONGRADULATIONS - TIME FOR A HAPPY DANCE
                      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

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