101 Days "Awaiting Closing" in Texas??????

[cowgirlup289]

204 days since filing of Petition (no asset in Texas), 341 was May 5, discharge was 7/12, Trustee moved to appoint counsel (albeit 10 days after request for additional documentation), and it’s been in “awaiting closing” status for 101 days. Believe it or not, there is a bright side to this (sort of), but curious if anyone has experienced this. How normal is this???? Because there are SO many filings in Houston maybe?

My boyfriend is going through this, and I have been his rock and sounding board. Needless to say, even w/23 years experience in the legal field, bankruptcy is not my forte.

[justbroke]

Well, the appointing counsel sounds like they found assets to administer. It could be in "awaiting closing" for months (years). Don't worry about that part though. The important part, the discharge, has already been granted!

[cowgirlup289]

Well, the appointing counsel sounds like they found assets to administer. It could be in "awaiting closing" for months (years). Don't worry about that part though. The important part, the discharge, has already been granted!

Thank you justbroke, however, the only "asset" (true asset) is a tool of trade and, the IRS has a lien on it so that's out (it's worth about 3K and is a gooseneck trailer). The only thing provided in the "extra" documentation they may be interested in (of course) is the only receivable that was never collected and my boyfriend didn't have the money to hire a lawyer to defend him, it is a bill from a year ago to the tune of about 100K that the company they did the work for (concrete) didn't pay, but he was hired as a subcontractor, the vendor didn't get paid either. We advised the "appointed counsel" of this and send the information (letters between lawyers), but that it was never pursued because quite frankly, my boyfriend was already in the negative with his business and on the decline, he wouldn't have had the money or resources to fight it. That may be the only thing they are going after, otherwise, there aren't any assets. It just bothers me, regardless of there being no "objections" filed regarding the discharge, that it takes "this long"...as I'm sure it does everyone else. How can it take "years?"

[justbroke]

Please... do not "worry" about the "close" of the case! That's an administrative issue and is specifically to make sure all assets or "potential" assets are dealt with. The closing doesn't matter as to you legal discharge of your debts! Here at BKForum, we continually inform debtors to not "worry" about the close. If there is something that interests the Trustee, let them go poke and prod. That's on their time and it doesn't affect you! (For example, say you paid American Express $2,000 60 days before you filed. That's an "avoidable" preference. The Trustee will appoint counsel and sue or otherwise go after American Express. It has nothing to do with you, and doesn't affect your discharge at all. The Trustee must wait to sue AMEX or AMEX may just concede and send the money in. Either way, it takes many months for all that to get worked out and for the "distribution" to be made to the unsecured creditors. Some cases can take one or two years to close. Mine took 5 months to close and I was "no asset".)

Please stop worrying... for me... okay?

[cowgirlup289]

Thank you dear!!!! :-)
I promise, I won't worry - but that's good to know when he starts to worry or get concerned, so I can ease his worries. ;-)
You rock - thank you!!!

[tcreegan]

Hi cowgirlup,

Your boyfriend didn't have the $$ to go after that 100K receivable, but the trustee does....I'd bet good odds that is what is up, they are going to go after it.

But like justbroke said, it doesn't concern your boyfriend, discharged!! Whoo Hoo!!

Tom in Colo

[cowgirlup289]

Hi cowgirlup,

Your boyfriend didn't have the $$ to go after that 100K receivable, but the trustee does....I'd bet good odds that is what is up, they are going to go after it.

But like justbroke said, it doesn't concern your boyfriend, discharged!! Whoo Hoo!!

Tom in Colo

Right - Woo Hoo...and not one objection to same.
Thanks Tom - that's exactly what I was thinking. His lawyer, when he's speaking in layman's terms (when he's sober, yes, sober), has explained a few things to him that make sense, but we find ourselves searching in other avenues (me finding this forum, thank goodness), to get answers to questions his attorney never seems to answer. It's been frustrating, but finding this place has helped ease our minds a great deal. Can't thank y'all enough.

The "good" thing about how long this is taking is keeping the "ex-wife" at bay, that he owes a pay-out to from property settlement (he bought her out of the home he built that she didn't want anything to do with anyway, she just wants her money)...and thanks to the new law in 2005, unless he filed Chap 13, we couldn't discharge that debt (insane if you ask me, she truly doesn't deserve it as they were barely married 2 years [no children, thank goodness], he just wanted to get out of the marriage once she was 'caught' and agreed to anything at that point). So, the time we have in trying to get that money together, is there in a sense. Have to say I can't stand the law that states your "community" once you put your name on something married even if you have nothing to do with it. However, I would also imagine the backlog (especially in Houston) of bankruptcies is a factor as well.

Okay, I'm rambling -

Appreciate you guys beyond words!!!!!! ;-)