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URGENT HELP NEEDED! What can I do to expedite closing of a "no asset" Ch7 case?

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    URGENT HELP NEEDED! What can I do to expedite closing of a "no asset" Ch7 case?

    My mom went through BK Chapter 7 that discharged in the end of March this year. It's was classified as a "no asset" case, she had nothing except for the house that was going through a foreclosure and a short sale. Both lenders on the house were very cooperative and both are waiting for the case to be finally closed so they can proceed with the short sale process. The buyers are under contract also patiently waiting for this thing to close.

    The problem is that the trustee (Southern California district) is not closing the case. She doesn't give any reasons, just not doing it for over a month now. The BK attorney that my mom used turned out to be a total moron: the guy has been in this business for 30 years and he didn't even know what it means "to close the case". After I was told about the case closing by both lenders on my mom's house, I found this forum and read about the process myself, so I had to educate her stupid attorney about it, and he still can't do anything about closing the case, or at least that's what he says.

    So my quesions are :

    (1) Is there anything we can do from our side, without waiting for this attorney to get out of his chair, to get this case closed?

    (2) Can we file a formal complaint with the US trustee office against this particular Trustee for not doing her job and inflicting additional stress on my mom because she can't close the short sale and get rid of the remaining problems in her life? May be it will make her act finally and do her job???

    Thanks for any help!

    #2
    Call the Court Clerk. They are the ones that close the case. Has a Report of No Distribution been filed? I called the Clerk asking for status about 5 months after we were discharged and they offered to see if they could close it right then and it was done immediately.
    Filed: July 31, 2009
    341: September 4, 2009
    60 days: November 3, 2009
    DISCHARGED!: November 6, 2009

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      #3
      yes, it's the clerk's responsibility, not the trustee's. the clerk probably has a backlog, or your case just fell through some cracks. just call up the bankruptcy court clerk's office, give them your case number, and ask them to close the case. they'll probably do it right away. be very nice and polite...
      filed ch7 May 09
      341 june 09
      discharged, closed Aug 09

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