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When is a case deemed an asset case?

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    When is a case deemed an asset case?

    I received a discharge in my chapter 7 case in early March 2010. The case is still open. Where in the filed documents is there a trustee determination of an asset or no asset case? I looked on PACER and see no document described either way. Can a trustee sit on this ad infinitum without making some sort of official determination?

    #2
    The "preliminary report of asset/no asset" is typically due 10 days after the 341 meeting. Make sure you are checking the right place on PACER. Go into the Docket, note, you will not be able to download the report (it is private), but there should be an entry.

    If not, contact the Bankruptcy Court clerk, if there is no reason for the case to remain open, they can usually expedite closing.

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      #3
      Originally posted by HHM View Post
      The "preliminary report of asset/no asset" is typically due 10 days after the 341 meeting. Make sure you are checking the right place on PACER. Go into the Docket, note, you will not be able to download the report (it is private), but there should be an entry.

      If not, contact the Bankruptcy Court clerk, if there is no reason for the case to remain open, they can usually expedite closing.
      HHM, according to what you stated, The "preliminary report of asset/no asset" is typically due 10 days after the 341 meeting. It has been 62 days or so since my 341 and yesterday the discharge signed by the judge appeared on PACER. I have checked the docket for my case on PACER, and there has never been a report of no asset/no distribution or a preliminary report of assets filed. Is this an oversight on the part of the Trustee, and should I call the bankruptcy court clerk to inquire? If I should contact the court clerk, what should I ask?

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        #4
        Make sure when you check the History/Docket, you check the appropriate box, I think it is something like, "show all entries", the other box, which I think is the default setting says, "show only those with documents". If you leave it on the default setting, you won't see the trustee entries.

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          #5
          Originally posted by HHM View Post
          Make sure when you check the History/Docket, you check the appropriate box, I think it is something like, "show all entries", the other box, which I think is the default setting says, "show only those with documents". If you leave it on the default setting, you won't see the trustee entries.
          HHM, it defaults to "All events (history)" as opposed to the "only events with documents".

          All events (history)
          Only events with documents

          And, under the "All events (history)" there is nothing filed. Thoughts?

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