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Final discharge but not case closed after creditor's objection

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    Final discharge but not case closed after creditor's objection

    A creditor filed a timely objection to exemption (value of house) in a Chapter 7 case. No hearing was scheduled and we did nothing about it, planning to amend the schedules and provide proof of valuation. Then we received a notice of final discharge, which we hadn't expected because of the objection. As yet, however, there has been no notice of the case being closed. We are wondering about the difference between the final discharge and the close of the case, and if we need to take any action now that we did receive the final discharge.

    #2
    Hi Rubitout,

    The discharge takes you off the hook, no longer liable to pay the debt. But the debts don't vanish, creditors can't collect from you, but they can try to collect from the BK estate (all your assets administered by the trustee) and secured creditors can recover their collateral. This activity of distributing assets, to whom and how much, or not, is the job of the trustee. The case stays open until it all gets settled.

    After discharge, you can wash your hands of the matter and walk away.

    Tom in Colo
    Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

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