Hi folks...we were discharged from our Ch 7 in Oct of 2008. I've always been under the impression there were 2 final steps, that the case was first discharged, and then a 2nd final step when the case was closed, and you'd receive some type of official confirmation of that from the court. I have emailed our atty asking this and the paralegal just keeps telling me that the discharge means it's closed, and that bk cases are different from other types. I don't want to keep bugging them, but is she right, or is there still something left to be done?
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Discharged and Closed are 2 steps. In some BK cases, like no asset cases, the discharge and closing are issued at the same time. This is not always the case though. It could take a week or longer.
With asset cases, closing take several months to a year. In our case, closing was like 21 months.
You will not receive any offical documents stating your case is closed, but for the most part, the paralegal is right. Your case is over when the discharge is ordered. Closing is an administrative step and doesn't have any affect on you or your case.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. -
Yes
The trustee may be keeping it open to be able get your 2008 tax return. Or for some other administrative task.
You are now seeing several posts about this in the forum. Our trustee contacted my lawyer the first week of Jan. Oh Yea.... have them submit the 2008 tax return when completed, as I get the refund, if any.Filed 10/11/08 - 341 11/23/08 - Discharged 1/26/09
2/19/09 Stipulation agreement reached w/trustee
- Still awaiting Closed Status 
Check my blog at Steve's Bankruptcy Blog Watch day by day what happens with a PITA trustee! - Web Hosting by Broadband Hosting Web HostingComment
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Hi BassBoy, this may be a little off-topic. We are an asset case and are making payments to the trustee. We will be through with that on April 1, 2009.Originally posted by BassBoy View Post
But, we had an Adversarial Proceedure filed against us. This was concerning an open, but stale and not-tried lawsuit against us. The Plaintiff--not a true creditor-- was going to have this stale case tried in the BK court. We were able to get the case remanded back to the state civil court, where it belongs, with the Stipulation from the judge, that he has 'abated' our AP and is waiting on the civil court case to be either tried and a judgment imposed, or tried and dismissed.
This happened more than a month ago, and there has been no activity upon the Plaintiff's part to move the civil case foreward.
Will this inactivity delay our eventual closure? We were discharged on August 13, 2008.
Thanks, and my apologies to Martha13."To go bravely forward is to invite a miracle."
"Worry is the darkroom where negatives are formed."Comment
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