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    Is it ok to Call?

    I have been reading through old posts and see some people have called the Clerks office... is that different than the Trustee's office? And..

    Im at something like 422 days since filing now (filed feb 8 2008) was discharged June 8th 2008 and have been waiting and waiting. May 22nd 2009 the Trustee filed an 'intent to sell assets' (for which I sent in the $200 to 'buy' my assets). Since then... nothing more has been filed (according to pacer.)

    My case should have been a simple no assets Chapter 7 - wham bam - kind of thing. I make less than $20k a year - Most of my income is child support and all my tax refund was EIC. (apart from the $900 stimulus check the Trustee had me send him last year) I own very little (and gave my car up) am a single parent with children to support.

    Without going back over my 'history' - I had an atty who has since 'disappeared' (he quit that law firm) so I called the main office back East and one of the attorneys there called the Trustee office and asked about the status of my case and was told it was 'paid in full' (that was in May of this year). Its been a year and half since I filed this... and I really want to feel its 'done and finished' and move on. Is it ok for me to call.... the Trustee's office and ask if my case will be closing soon? Or would that just send up red flags to the Trustee? Or if not the Trustee's office... would calling the Clerk do any good? Im not Pro Se - even tho it feels like it because of being lawyerless now.

    Thank you for any input

    #2
    With an asset case, it could take quite a long time to close the case. The US Trustee needs to account for every penny before he/she can close the case. Look at my siggy and you'll see that my case took a long time to close after discharge.

    All you need to be concerned about is the discharge. Everythng after that is adminstrative and has no affect on you. For example, this wouldn't impeed your chances of acquiring new credit or getting a loan, nor does it affect your credit........so........kick back and relax. All is fine.
    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.

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      #3
      Originally posted by BassBoy View Post
      With an asset case, it could take quite a long time to close the case. The US Trustee needs to account for every penny before he/she can close the case. Look at my siggy and you'll see that my case took a long time to close after discharge.

      All you need to be concerned about is the discharge. Everythng after that is adminstrative and has no affect on you. For example, this wouldn't impeed your chances of acquiring new credit or getting a loan, nor does it affect your credit........so........kick back and relax. All is fine.
      Ohhhhhhh. Ok... I thought as long as it was still 'open' the Trustee could come back and make me pay more... or throw it out.. or all sorts of other stuff. Ok... Im feeling alot better now, Thank you

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        #4
        Nope, once you are discharged you are done, just wrapping up the paperwork like Bassboy says. It won't hurt to call the trustee's office or the clerk if you want to check the status of your case. I know you are "lawyerless" but it seems like the firm would do this for you too.

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          #5
          Originally posted by eddiep View Post
          Nope, once you are discharged you are done, just wrapping up the paperwork like Bassboy says. It won't hurt to call the trustee's office or the clerk if you want to check the status of your case. I know you are "lawyerless" but it seems like the firm would do this for you too.

          I emailed the law firm again (they are back east) but they didnt reply - but Im ok now that you two have answered... I just wasnt sure if discharged meant I was done or not, because the kids and I need to move to a smaller apartment (my eldest has moved out on his own now as he's 21 so we have an extra bedroom and if I can move us to a 3 bedroom thats cheaper it would be good) but I didnt want to be turned down because it wasnt closed yet or something like that.
          Thank you for your response... I feel ALOT better now!

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            #6
            Call the trustee. They may have left it on the back burner and forgotten to close out the case.
            7-2-2009 Filed
            8-28-09 341 Concluded, no assets
            10-28-09 DISCHARGED/CLOSED!!!!

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