Question about a discharged and closed bk case

[wnguyen]

When you receive a notice of discharge of your bk, does it say it's also closed? If not, then will you get another notice that says your case is closed? Does the notice list which debt is discharged and which is not? Thanks.

[backtoschool]

All of your debt will be discharged, unless it is student loans, child support, or recent taxes, it was reaffirmed by you, or a creditor filed an AP and won.

You will not get a notice of closing. To find out if your case closed, you will need to check pacer.

[wnguyen]

Thanks. I only have student loans.

If the case is not closed, then what happens?

Just curious, why it took you so long to close the case? You check pacer for 7 months to find that out?

[tobee43]

When you receive a notice of discharge of your bk, does it say it's also closed? If not, then will you get another notice that says your case is closed? Does the notice list which debt is discharged and which is not? Thanks.

wn....you get two notices....

one being the actual discharge....and the second...which personally i consider most important or more important...is the order from the trustee releasing the estate.

the easiest way to explain this is...you can actually be discharged but have "pending" adversary proceeding etc., which may delay the order from the trustee releasing the estate.

also, many times just because of the way the paperwork is processed you may receive one and then the other and not in any particular order.

[backtoschool]

Thanks. I only have student loans.

If the case is not closed, then what happens?

Just curious, why it took you so long to close the case? You check pacer for 7 months to find that out?

If you are not an asset case like I was, then your case should close soon after discharge. Tobee43 is right, you should receive a trustee's final report or a report of no distribution as well. This does not mean that your case is closed at point, but it means it is getting closer to closing. Closing is an administrative thing and should not affect you at all. The discharge is what matters.

[wnguyen]

tobee and backtoschool

Mine's a no asset case. I don't own a house or any other estate, so it doesn't matter. However, the trustee had file a motion to abandon assets, my cars. That's what I found out from pacer. Should I receive another notice about this too?

[backtoschool]

tobee and backtoschool

Mine's a no asset case. I don't own a house or any other estate, so it doesn't matter. However, the trustee had file a motion to abandon assets, my cars. That's what I found out from pacer. Should I receive another notice about this too?

Have you received a report of no distribution yet? If not, you may be turned into an asset case if the cars have equity. Yes you should receive a notice when the trustee abandons the cars as an asset.

[wnguyen]

No, I haven't received anything from the trustee since 341. It's been more than 2 months already. Man, this scares me.

[backtoschool]

No, I haven't received anything from the trustee since 341. It's been more than 2 months already. Man, this scares me.

Are your cars worth more than the exemption on them?

[tobee43]

wn....the motion needs to be converted into an order...the trustee has indeed put the motion in play. your fine.....it will come in the mail in the form of a "signed" motion that is now in the form or an actual "legal" order. that's the only order you will receive.

the other document will be the discharged signed by the judge.

[wnguyen]

Are your cars worth more than the exemption on them?

They're worth more but they also have a lot of balance owed to creditors. One with close to 2 years of payments and one with almost 4 years.

[wnguyen]

wn....the motion needs to be converted into an order...the trustee has indeed put the motion in play. your fine.....it will come in the mail in the form of a "signed" motion that is now in the form or an actual "legal" order. that's the only order you will receive.

the other document will be the discharged signed by the judge.

Did you receive that one yet tobee? I didn't get anything from the trustee since the 341. It's 2 and a half months already.

[tobee43]

Have you received a report of no distribution yet? If not, you may be turned into an asset case if the cars have equity. Yes you should receive a notice when the trustee abandons the cars as an asset.

bts...bgf...lol....in some states the motion itself has the description of the report of no asset distribution...which should hopefully mean to wn that the cars were, indeed, abandoned by the trustee. i hope!

[backtoschool]

They're worth more but they also have a lot of balance owed to creditors. One with close to 2 years of payments and one with almost 4 years.

Are you underwater on the cars? Would the trustee get some money by selling the cars and paying off the loan? I am trying to figure out why you have not gotten a report of no distribution yet.

[wnguyen]

bts...bgf...lol....in some states the motion itself has the description of the report of no asset distribution...which should hopefully mean to wn that the cars were, indeed, abandoned by the trustee. i hope!

tobee, this is exactly what I read from pacer. There was a report of no distribution and assets abandoned by trustee. I just call the law firm and one of the legal staff people told me that once I receive a notice of discharge, it's done. It also seemed that she was disturbed or something like that. Geez, only a question.