Trustee dragging his feet?

[majorwest]

there is a full-blown sticky about that. read it please! discharged means you are done. closed means the trustee is done with the assets of the bk estate.

Hi, I read the sticky and understand the 'definitions' of discharged and closed. I guess I just don't understand how 'you are done' if the case remains open for further action.

[music12]

want2save, the trustee can't touch exempt assets unless the trustee objected to the exemption within 30 days of the last 341. the trustee has to say before discharge what assets will be distributed.

'you are done' because those assets are anyway not yours any more. you get to keep your exempt assets and anything you accumulate after filing (except for inheritances/life insurance) and have a new life. the case is open for further action only on those assets the trustee said he is taking. it does not affect anything that's yours and you don't need to do anything, so any action taken by the trustee should not affect you. it just adds stress to the situation because the fact that it's legally "not yours" does not mean you are not emotionally attached to it, and the fact that it "doesn't affect you" doesn't mean you are not anxious about the case not being closed.

[UhhhOhhh]

As you can see from my signature, we filed back in December of '07, and everything else seemed to follow in line as it should. Now, when we had our 341, the Trustee said that he tends to keep most cases open an extra 6 months in order to make sure there is no "funny business" going on. We had nothing to hide (still don't), and didn't think much of it.

Fast forward to now. From what I understand, we were supposed to be closing in July of this year. It's now early August, and haven't heard much from the Trustee with the exception of getting a letter in the mail a little while ago saying how much the Trustee was taking from our forfeited monies (2008 tax return) as his fee.

Now, I'm sure a Trustee has all the right in the world by law to keep a case open as long as he/she feels the need to do so, but we're getting overly anxious and frustrated. We want to move on with our lives and really can't until we're officially closed. We just want to move past this, but the Trustee won't seem to let us.

We've never been investigated by the Trustee, he never even so much as raised an eyebrow over our situation, yet it seems as though he's chosen to purposely drag his feet on our case. Has anyone ever heard of a Trustee taking this long? Don't get us wrong, we're still so grateful that we've been given a chance at a fresh start, but we just want to put it behind us and move on to better things. At this rate, our case will have been open for 2 years before he gets around to closing it!

Thanks as always.

I know how you feel!! mine is still open - and I filed in Feb 08. Even though I was discharged in June 08, I still feel as though my life is on hold until it actually closes. My Trustee was waiting for who knows what. My assets were $200 and he took them. He only just (a week ago) filed a notice of distribution of that entire $200 so Im hoping Ill be closed soon.

Im curious though... you said he was waiting for your 2008 Tax refund... do you mean your 2007 refund which you received in 2008? Or do you truly mean your 2008 refund which you received in 2009? Because if THATS the case.. I dont think he is entitled to that, as I thought it was everything up til the date of filing that he would get... which would be only that money earned in 2007.

[gowiththeflo]

Do I have to worry about 2009 tax refund going to the trustee if I'm discharged but not closed bc of an asset that he is trying to auction off?