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When does your case "close"??

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    When does your case "close"??

    I was an asset case, and just today I see in pacer that the trustee abandoned any assets, converted me back to a NO asset/no distribution case, and filed a summary basically asking to be "discharged from any further duties as trustee".

    So what happens next? Does the court or a judge or somebody then review that and "close" the case? How does that work, how long does something like that typically take etc????

    Thanks.
    Well, when you're married, you'll understand the importance of fresh produce.

    #2
    An asset case generally takes much longer as there are assets to be sold and disbursed. Since your Trustee abandoned but yet you were an asset case, you are truly in Limbo as you say. It is now only a formality that will sit on the judges inbox until several pile up then he just signs it off. You are already discharged so it is only paper work so don't worry too much about this. It is formality. Go on to your new start now. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      Originally posted by AngelinaCatHub View Post
      An asset case generally takes much longer as there are assets to be sold and disbursed. Since your Trustee abandoned but yet you were an asset case, you are truly in Limbo as you say. It is now only a formality that will sit on the judges inbox until several pile up then he just signs it off. You are already discharged so it is only paper work so don't worry too much about this. It is formality. Go on to your new start now. 'Hub
      Thanks....It's something I really want "closed", so I can try to sell my house (the asset which was abandoned) - before the bank forecloses in a few months. Even with it being abandoned by the trustee I am not certain but I think I need the case "closed" b4 I can sell it myself, free and clear of the bk issues anyway.
      Well, when you're married, you'll understand the importance of fresh produce.

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        #4
        Originally posted by KevFinnerty View Post
        Thanks....It's something I really want "closed", so I can try to sell my house (the asset which was abandoned) - before the bank forecloses in a few months. Even with it being abandoned by the trustee I am not certain but I think I need the case "closed" b4 I can sell it myself, free and clear of the bk issues anyway.
        Are you represented? Ask your lawyer to contact the Trustee as to the progress of closing. You also have the right to call your social worker at the BK Courthouse. Have your docket number handy and the lead through will bring you to a worker handling your paperwork. He/she can advise you as to the process of your case. This does not breach the legal etiquette. It may be nothing more than a posting that is holding this up, or still in process to the Judge. I can advise you no further except, you are not in a bad position at this time. Just be patient as you can be. 'Hub
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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          #5
          Originally posted by AngelinaCatHub View Post
          Are you represented? Ask your lawyer to contact the Trustee as to the progress of closing.
          Thanks for your response, but it's only been a few hours today since the trustee even filed for abandoning the asset and at the same time the trustee did request that he be discharged of his duties in his pacer filing today (as I said above). I don't think it's up to us bugging him yet.

          I am just asking what happens next, who "closes" the case, how is that done, how long does it typically take etc?? I got the impression from the trustee's filing that he was asking for the thing to end, but that is not up to him, but I don't fully understand. I will try to ask my paralegal more about this. Thanks again.
          Well, when you're married, you'll understand the importance of fresh produce.

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