Case Closing Question

[Charis]

As far as my Chapter 7 goes...

Order Discharging Ch. 7 Debtor and Closing Estate was filed & entered on 01/19/2011

Certificate of Mailing by BNC of Order Discharging Debtor and Closing Estate was filed on 01/21/2011 and entered on 01/22/2011

This may seem like a dumb question, but does the above "Closing Estate" mean the same thing as closing the case??

Can the Trustee come back at any time after discharge and closing to request my case be re-opened? If it was a clerical error that my case was discharged and closed, I was wondering if there is a certain time frame that the Trustee has to come back and Petition To Reopen my case. I am so ready for this to be over with so I can be free of the emotional stress.

I received my Pacer login information today and there appears to be no activity after 01/22/2011.

You can see my previous post for an explanation of why the Trustee would want to Petition To Reopen my case.

[tcreegan]

Hi Charis,

Closing the estate is the final word from the trustee. But it may need the judges' rubber stamp, the court clerk still has to pack the file up, put it away and enter the PACER entry. Give it a few days and put in a very polite inquiry with the court clerk. Seen that work for a couple folks around here.

As far as reopening the case, it is pretty much "at the courts discretion" but needs to be "for cause" ie: there has to be a good reason. Not "page 5 has the wrong caption" ....someone needs to get $$ they were entitled to but didn't get.

But there are deadlines for certain objections and I've read many cases where the BK court said "you should've known, so sorry" Gotta be careful though, the trustee deadline might not be the same as the creditor deadline.

But the one thing that seems to always hold is the discovery of assets not administrated. In re Dunning Brothers Co the Eastern District CA BK court reopened a case from 1936!! If there are undiscovered assets, apparently there is no statute of limitations in BK

...enough from me, just babbling now...

Tom in Colo

[AngelinaCatHub]

Charis, worry is the mother of death. Stop it. Wait it out and relax. There are two problems in life. One is; what can you do to fix it, then do so. The other is one you can do nothing about. So, why worry? Time will heal it. My Mother was a neurotic worrier. It literally killed her. Relax and handle what you are able, worry not about what you cannot handle. GBWY 'Hub

[Charis]

Thank you so much, you have no idea...well, maybe you do, how comforting it is to hear from others who understand where I am coming from. Hope you all have a very good day!! (((hugs)))

[Charis]

You are so right. Thanks for the reminder. ((hugs))