Discharged vs. Case Closed

[Molly430]

Whats the difference between being discharged and getting your case closed?

[justbroke]

In a Chapter 7, discharge means that your listed (scheduled) debts are no longer your personal liability. The close of the case comes after the Trustee has performed all their duties and have liquidated any assets and/or distributed any money necessary to administer your case.

Discharge usually comes automatically 60 days after your first scheduled 341 Meeting without much fanfare.

Closing can be automatic after those same 60 days if you're a no-asset case (have no assets to be liquidated or cash to distribute). When you are an asset case, closing can take weeks, months or even a year or more. Much of this depends on the Trustee's liquidation ability, money the Trustee is waiting on from you, or other litigation (such as the Trustee is attempting to avoid a prior transfer). Most closings are simple and don't take too much longer from the discharge.

[fltoo]

Never quite understood that myself, thanks.

[HHM]

http://www.bkforum.com/showthread.php?t=10879

LOL, the FAQ section actually has some answers in it

[justbroke]

http://www.bkforum.com/showthread.php?t=10879

LOL, the FAQ section actually has some answers in it

Oh yes! The FAQ!!! (And, as always, HHM's close vs. discharge FAQ is very good reading.)

[Doneygalpb]

Our case was discharge November 14 no asset and we are still not closed going on 160 days. I called our attorney and they said not to worry we are done but I want this finished. I am wondering if our case was misplaced, an oversight or if they are waiting on our taxes but we have not had anything posted to our case since December on Pacer nor have we received anything from anyone else. We did not use our wild card and our house has no equity, only my husband filed. We are in the middle florida district. Any ideas out there?

[justbroke]

Our case was discharge November 14 no asset and we are still not closed going on 160 days. I called our attorney and they said not to worry we are done but I want this finished. I am wondering if our case was misplaced, an oversight or if they are waiting on our taxes but we have not had anything posted to our case since December on Pacer nor have we received anything from anyone else. We did not use our wild card and our house has no equity, only my husband filed. We are in the middle florida district. Any ideas out there?

If they are waiting for your tax return (refund actually), then this is what is or did hold it up. If you have filed your taxes, filed the return with the Trustee, and gave the Trustee the refund check (if any), then you should be discharged soon.

You could call the Trustee's office to check.

[Doneygalpb]

I finally broke down and called the bk clerk. She placed me on hold and was very short with me even though I made sure I was extra sweet and must have said thank you 10 times, she came back on and said she would try to get to it at the end of the week. She said they are backed up severly. So I looked today and AMAZINGLY AFTER 165 DAYS after discharge>>> I AM CLOSED! Thank you to all who helped me thru this. It was an extremly difficult, nerve racking, tear jerking, scary time but with everyones imput here, I felt like I had a little more info on my side. Thank you.

[justbroke]

Congratulations, and kudos for sticking in there and being persistent! (Persistence always pays, as long as you smile while doing it. You have achieved that by showering the Clerk with compliments!)