Why isn't case closed when discharge was 12/6/11??

[girlgator95]

Hi All,
We were discharged on Dec. 6, 2011. However, we did have an asset case. The TT took our camper, even though $5800 of it was protected. Well, he didn't get as much for it as he thought he would and we ended up getting a check for the $5800 (they auctioned it for $6000). Anyway, all this happened in December of last year and our case has yet to close. The creditor deadline was 2/13. Any ideas as to why it would be taking so long to close the case? There is not really any money to go to our creditors. I think they paid the auctioneer any monies leftover. Should I even worry about it?

Thanks

[JessMN]

My case was discharged in August and still isn't closed - the trustee is trying to get $ from my ex (good luck). My part of the case is over and frankly, I wouldn't even worry if I were you. Maybe call your lawyer and see if he can ask the trustee whats up, just in case

[btbeme]

It can take up to two years to close a case, especially if distributions have been made. There is no effect on you personally, though there is a psychological effect on seeing those words, I agree.

FYI - stay in touch with your attorney until it is closed, as he would have to update the court with any address changes and so forth.

[angles]

You’re entitled to the $5,800, I don’t know why the trustee does not sent that to you. I would contact your attorney and request the funds unless there is a good reason not to distribute it to you.

[keepsmiling]

Angles, they DID get the check... just waiting for closure.
Very often it's just a paperwork oversight/delay. Sometimes a quick phone call speeds the procedure.

[tobee43]

the close order IMHO is far more important that the order of discharge.

it does indeed matter...when your case is "closed" that is when most start the counting. all creditors are done with except for those involved with the "asset" part of the case pertaining to the discharge... however...the asset aspect can go on for years and YEARS...sorry to say.

[nohoneymoney]

If I remember correctly this was the asset case with no assets due to the trustee believing that the trailer would bring in more money than it did. I think he raked in about $180. The delay could be caused by his embarrassment and in time the unsecured creditors will forget how he ended up with so little for them. He will also have to face a judge before he can get his 25% of the $180 ($45). I wonder what his boss, the Federal trustee, is thinking about all of this. Time is on the trustee's side at this point. Sorry but I think closing could be a ways off.

[AJA]

Going on 900 days now. Asset case with land involved. Met with my atty. last week to see about forcing the trustee to abandon. The TT let the listng expire last May after a year on the market. My spouse, who did not file still retains a 50% interest after Comm. and back taxes are paid. 3 years taxes owed. Ch 7 Aug 2009. Only other asset was a car which I redeemed over 10 months. (paid off late model at the time)

[AngelinaCat]

We were Discharged on Aug. 13, 2008. We didn't Close until Nov. 3, 2009. Our inept lawyer didn't inform us of the close status until October 14, 2010.

[girlgator95]

Well, based on these responses, I'll be calling our attorney on Monday...

Thanks everyone!!