Chapter 7 Asset Case discharged, not closed

[KarenFlorida]

My asset case was discharged 6 months ago but not closed. Trustee has not moved on selling assets. How long do I wait before filing a motion to compel the Trustee to either sell or abandon assets? Attorney is telling me not to file a Motion because it reduces my chances of keeping assets. Is this true? How long do Trustees usually wait before selling assets?

[HHM]

Depends on districts, but trustees really don't have a time limit, they can keep cases open for a very long time; however, on average, 12 months is about the time you would file a motion to compell.

[KarenFlorida]

Thanks for the reply. Just getting anxious and at this point just want to get on with my life and get this behind me. The assets aren't even that valuable, so even if I lost them, having the case closed would be a relief. Why do they drag their feet on this? How hard can it be to make a decision on whether they want them or not?

[keepsmiling]

If you don't mind my asking, what exactly are we talking about here?

[scooter6251]

Thanks for the reply. Just getting anxious and at this point just want to get on with my life and get this behind me. The assets aren't even that valuable, so even if I lost them, having the case closed would be a relief. Why do they drag their feet on this? How hard can it be to make a decision on whether they want them or not?

We were in FL when we filed Chapter 7. We also were asset case with a car that was paid for. Discharged Jan 2011, car sold Jan 2011, final date for claims against assets was March 2011, and in early June all funds were dispersed to creditors. In July, Trustee filed an interim report with the UST. Nothing has happened since. I called the case worker in early Nov. She said nothing appeared to be wrong, just waiting for the Trustee to file final report. At his leisure I guess. So hang in there.

[AngelinaCatHub]

Our asset case stayed open for 13 months. Not unusual as the disbursements had to be done and a lot of accounting. Then they audit and the Trustee petitions to be released. The Judge then closes the case after all expenses, including the Trustee's cut. 'Hub

[scooter6251]

Hub, I know it's all done at their pleasure. But he only had 3 disbursements plus his own payment and they were mailed in June. Seems like after he got his share, things quit happening. But I know the trustees are pretty overloaded, with FL being one of the worst. It will get done, but I surely will feel better when it does.

[bellows321]

I just found out Monday that our case was finally closed. Filed in Nov 2010, had the 341 in Dec and was discharged in March. There was a small asset the trustee wanted (turned out to be unattainable), so our case wasn't closed until eight months later.

So glad it's finished finally!

[scooter6251]

So glad it's finished finally!

I am very happy for you. 11 months for us and still counting. But it will happen.

[scooter6251]

I just found this on Pacer. Does it mean we will finally be closed?

Final Account of Chapter 7 Trustee. The United States Trustee has reviewed the Final Account, Certification that the Estate has been Fully Administered and Application of Trustee to be Discharged. The United States Trustee does not object to the relief requested. (Office of the United States Trustee (Orl6)) (Entered: 12/06/2011)

If so, how long will it be until it says "CLOSED" ?