discharge vs closing

[sixxlondon]

So I was discharged in October and I have been paying my mortgage through the phone. Last time I paid I asked when I would be able to start paying online and they told me that my bk had to be closed first. Anyone know what this means? I also went to pacer and looked up my report and the following is what it says on 12/31. Please help me understand this...

Chapter 7 Trustee's Report of No Distribution: I, XXXXX X XXXXX, having been appointed trustee of the estate of the above-named debtor(s), report that I have neither received any property nor paid any money on account of this estate; that I have made a diligent inquiry into the financial affairs of the debtor(s) and the location of the property belonging to the estate; and that there is no property available for distribution from the estate over and above that exempted by law. Pursuant to Fed R Bank P 5009, I hereby certify that the estate of the above-named debtor(s) has been fully administered. I request that I be discharged from any further duties as trustee. Key information about this case as reported in schedules filed by the debtor(s) or otherwise found in the case record: This case was pending for 5 months. Assets Abandoned without deducting any secured claims: $ 75000.00, Assets Exempt: $ 11300.00, Claims Scheduled: $ 136434.61, Claims Asserted: Not Applicable, Claims scheduled to be discharged without payment without deducting the value of collateral or debts excepted from discharge: $ 136434.61. Filed by Trustee XXXXX X XXXXX. (XXXXX, XXXXX) (Entered: 12/30/2011)

[tobee43]

you receive two orders when your bankruptcy is completed.

1. the order of discharge
2. the order of close

here's some reading about the difference: http://www.bkforum.com/entry.php?222...the-same-thing

also there are many threads on the topic if you type it in the "advanced search" you find at the right hand top of your screen.

[jst4f]

you receive two orders when your bankruptcy is completed.

1. the order of discharge
2. the order of close

here's some reading about the difference: http://www.bkforum.com/entry.php?222...the-same-thing

also there are many threads on the topic if you type it in the "advanced search" you find at the right hand top of your screen.

As I read the thread provided by tobee43, once you get the discharge order from the BK court, you are effectively close as there are no assets. Try back with the bank when you get the discharge order.

[tobee43]

well, actually Op was discharged and not closed

sometimes it takes weeks even a few months between rec'ing the orders, unless you case was turned into an asset case, and at this point, one would most certainly have been made aware by both their atty and the courts.

the close, which again to me is the most vital, meaning your case is done finish complete end of story while the discharged prevents any further collections from any of the unsecured debts which were listed on the petition and discharged. (with the exception of those listed in that post and i'm certain there are a few more..i.e. some irs tax liabilities, liens not discharged etc.)


i see the trustee is looking at some assets which, as stated could and would most likely be the issue which was or is holding up the close of the case.

This case was pending for 5 months. Assets Abandoned without deducting any secured claims: $ 75000.00, Assets Exempt: $ 11300.00, Claims Scheduled: $ 136434.61, Claims Asserted: Not Applicable, Claims scheduled to be discharged without payment without deducting the value of collateral or debts excepted from discharge: $ 136434.61. Filed by Trustee

good luck, i'm hoping for you it will come soon.

[sixxlondon]

Ok just checked pacer again and this was posted today. Can you tell me if it is actually closed and if everything is ok? See below...

Final Decree: The bankruptcy estate has been fully administered. The bankruptcy court has decreed that Trustee David W. Allard is discharged as trustee of the estate and the bond is cancelled and the chapter 7 case is closed. . (LF) (Entered: 01/23/2012)

[tobee43]

double whampie...you are discharged and closed it's sounds to me!

congrats!

[AngelinaCatHub]

Ok just checked pacer again and this was posted today. Can you tell me if it is actually closed and if everything is ok? See below...

Final Decree: The bankruptcy estate has been fully administered. The bankruptcy court has decreed that Trustee David W. Allard is discharged as trustee of the estate and the bond is cancelled and the chapter 7 case is closed. . (LF) (Entered: 01/23/2012)

Yeppers, you deserve a Victory Dance for earning that extra stress. Here you go:

http://www.youtube.com/watch?v=f9aA_fba_To

[tsfranci]

Question about discharge vs closing. I have already been notified that I have been granted a discharge. Do they also notify you when your case is closed?

[AngelinaCat]

Question about discharge vs closing. I have already been notified that I have been granted a discharge. Do they also notify you when your case is closed?

Yes, you do. The notice will come on PACER, and you will get a paper copy in the mail.

[tsfranci]

Yes, you do. The notice will come on PACER, and you will get a paper copy in the mail.

Thank you very much!

[filed]

sixxlondon,
As I understand it, your got your discharge in October, but, the trustee did NOT make the determination you were a "No Asset" case until the end of December? I do not think this is the usual timeline, may I ask what the circumstance was that took over 2 months beyond your discharge for the trustee to determine No Asset?

[tobee43]

once you become an asset case depending on the circumstances that surround the assets, it could take some time to close the case. the trustees many times take a bit of time to investigate the degree of assets and whether it's worth going after, sometimes it's as obvious as the nose on our faces, in other cases they delve deeper and find something of value that become interested in liquidating. hopefully, your's is an easy one and the trustee will move quickly to resolve any issues.