How do you know if you are a NO ASSET case?

[firsttime]

I have continually checked PACER and there is no listing of NO ASSET case. The only thing I see is MEANSNO. Last week was Day 60 for us. There was a question of an asset we had, but it wasn't worth much. The trustee wanted to see proof that it wasn't worth much, we gave her that proof back in December and haven't heard anything since. What do you think?

[justbroke]

If you look at the top of the screen (where your name is), it will read "Asset: No" if you are a no-asset case. Similarly, it will read "Asset: Yes" if you are an asset case. If the Trustee hasn't said anything, then let the sleeping giant lie. It was probably a non-issue.

The asset determination doesn't affect your discharge.

[lotsahats]

The asset determination doesn't affect your discharge.

So, your're saying that, even if you're an asset case, your discharge will still come about 60 days after the 341? I didn't realize that. I'd always assumed you don't get your discharge until your assets were collected.

This is why I'm not going pro se.

[justbroke]

Exactly. Discharge and closing are two different things. In a Chapter 7 case, the discharge comes as quickly as possible after the due date for filing a complaint to determine dischargeability has passed. That due date is set to 60 days after the first scheduled 341 Meeting.

Closing, on the other hand, comes after the Panel Trustee has administered the non-exempt assets of the estate. In other words, closing doesn't come until the Trustee has finished selling things or avoiding preferences and then paying unsecured creditors.

[AngelinaCat]

So, your're saying that, even if you're an asset case, your discharge will still come about 60 days after the 341?

That generally is true, however the trustee can add time to your 60 day wait period if he/she thinks it necessary. We filed Ch7 Dec. 28, 2007. The 341 was Feb. 7, 2008. Our Discharge date should have come about the middle of April, but in March we were ruled an Asset Case, and the time pushed back another 60 days for Creditors to Object. That made our new Discharge date sometime in the middle of June.

We ended up not being Discharged until Aug. 13, 2008. But that had nothing to do with the above. When 'Hub called our case worker at the Court, we found that we needed to send in a copy of our Marriage License. We had it with us at our 341, as instructed. But when we tried to give it to the trustee, he said he didn't need it. That was our hold-up. Once it was scanned and sent to the caseworker, we were Discharged that very day.

[firsttime]

Ok, so I see that underneath Voluntary, it says NO ASSET, stupid me, thought that it said that because we listed it as a NO ASSET, not that they were confirming it. 60 days, without holidays and weekends should have been a week ago....is that still in the window that they notify us that it has been discharged? If we are a NO Asset case, how soon afterwards will the BK be closed? Ready to get on with our lives!

[justbroke]

Don't feel that you are stupid. That flag works BOTH WAYS. It is based on your declaration, and then the Trustee may update the flag. For example, when I filed Chapter 13, my case was flagged as an Asset Case. (All Chapter 13s are Asset Cases.) When I converted to Chapter 7, it still read Asset Case, but was switched to a No Asset Case after my (Chapter 7) 341 Meeting.

As Mrs. Cat wrote, you may want to just call your case manager (Clerk's Office) and see if there is anything holding up the discharge.

[filed]

Ok, so I see that underneath Voluntary, it says NO ASSET, stupid me, thought that it said that because we listed it as a NO ASSET, not that they were confirming it. 60 days, without holidays and weekends should have been a week ago....is that still in the window that they notify us that it has been discharged? If we are a NO Asset case, how soon afterwards will the BK be closed? Ready to get on with our lives!

I have a similar problem, filed a no asset 7 in November and had the 341 in early Dec. Got the discharge 3 weeks ago, and the Trustee has said / filed nothing. No interim report of assets to indicate they are changing us to an asset case, and no Report of No asset/No distribution indicating we are in fact a no asset case and will be closing soon. Just sitting here in limbo. Frustrating.

[firsttime]

Checking the mail to see if anything has come thru. We filed mid November, 341 case mid December, and nothing yet. How long from discharge to closing is there?