Trustee refuses to files asset determination report after 1 year

[LetsClose]

I Filed December 2009, and was discharged in March 2010.

In my region, under this trustee, ~150 cases have closed that were filed in December 2009.
Almost all closed at discharge, but 25 remained open into December 2010.

In December 2010, the trustee closed 20 of these cases, leaving only 5, discharged cases open. I am one of those cases.

While I realize the standard reply is "don't worry, you were discharged", I would like the case closed.

I have tax attributes (that I do not believe the trustee is aware of) that would revert back to me, enabling me to carry forward losses. The carry forward losses will reduce my taxable income and help me get back on my feet, and get my kids through college (Financial aid and grants with no taxable income).

The trustee has asked nothing of me since the case has been discharged, including not even asking for my 2009 tax return, filed in June 2010.

My atty has advised me that since I am mostly business debt, the trustee holds these cases open. How long can he hold it open with no activity?

Are there any suggestions/techniques to get the trustee to close this case?

[kw1025]

Hey, i am in the same boat- discharged Dec 2009, and still not closed. I have an asset case and have hear nothing from the trustee since i talked to him in Oct 2009 at the 341. I recently asked my attorney what the options are. He said that we could file a motion to compel the trustee to close, which would go to the judge. He also said that trustees don't liked to be forced, and he just said to wait it out. Chances are your trustee is just backed up.

[LetsClose]

Kw,

How quickly did the trustee determine you had an asset case? It has been over 1 year and the trustee has not even made a determination.

[Charlie777]

The attorney is probably the best source of information on practices in your particular court and with that Trustee, and what, if anything could be done to move it along.

[angles]

Hey, i am in the same boat- discharged Dec 2009, and still not closed. I have an asset case and have hear nothing from the trustee since i talked to him in Oct 2009 at the 341. I recently asked my attorney what the options are. He said that we could file a motion to compel the trustee to close, which would go to the judge. He also said that trustees don't liked to be forced, and he just said to wait it out. Chances are your trustee is just backed up.

This is crazy that they are allowed to keep cases open and drag them out. As time marches on and the Trustee drags it out, there will be less money for the creditors. This is not what the BK law intended and I don’t understand why creditors are not pressing the Trustee to work the case. Can you complain to the US trustee? And how do you complain without the trustee finding out it was you?

[dneil]

I have a question. What is the difference between "case closed" and "discharged" ??

[tcreegan]

Hi all,

dneil, discharged means there were no creditor objections and you are not liable for all debts, unless you reaffirmed something or the debt was non-dischargeable (student loans, child support, etc) You are off the hook.

closed means that all paperwork details have been done, the trustee has filed all their reports, there is nothing left to decide, file, approve, it's all over.

When you get discharged you do the happy dance, when closed you sign off PACER

Tom in Colo