good morning, i was wondering about how long does it take for a case to close after it has been discharged?
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old law chapter 7 case
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JeepMom,
They are old law chapter 7 because they filed under old law Chapter 13 then converted, so the old laws still apply to them.......
A case is often closed within a few days of discharge..... Really depends on the trustee and how quick he does his final paperwork.....
A case can close immediately or be held open for several months after discharge (especially if there's any assets to dispose of)....
Basically depends on the trustee and how slow he is getting things done.....Minny
"It's amazing the paths that our feet sometimes follow in life".
My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.
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I'm old law because I filed my chapter 13 before the bk laws changed. I converted to a ch 7 and because my chapter 13 was before the laws changed my ch 7 is considered old law. I have my 341 tomorrow. My creditors have until 8/28/06 to object according to my notice.341 creditors meeting complete 06/29/06:clapping:
last day for objection 8/28/06 :angel:
discharge date 8/29/06:yahoo:
closed date 8/29/06:yahoo: :angel:
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Wow, you are in the same boat as me. I am old law person too. I filed my 13 in April 05 and I converted May 9. My last day for objections is on August 6. LOL! I will be so glad when this is over with. I am in rough need of another car...
Chapter 13 conversion to chapter 7 filed 5/9/06
Auction for vehicle completed!
Deed in lieu of home completed
Discharged:8/16/06 and Closed:8/16/06
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Originally posted by memegood morning, i was wondering about how long does it take for a case to close after it has been discharged?
It depends.... We were discharged on Dec 31 2005, and our case was closed on January 06, 2006. Our clerks office said it usually about 2-4 weeks (not all cases are the same).
However I called and asked and then they said hold on...and closed it while I was on the phone...hee hee
hang in there.....
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Originally posted by onepowerfulladyWow, you are in the same boat as me. I am old law person too. I filed my 13 in April 05 and I converted May 9. My last day for objections is on August 6. LOL! I will be so glad when this is over with. I am in rough need of another car...
I'm rocking in the same boat you were in with them repoing your car. I had my 341 meeting yesterday and i told my credit unions atty that i was surrendering my truck. He had me and my atty sign the surrender stipulation and he advised me to contact the credit union because of that moment I no longer owned the truck. I called the credit union and she was nice enough to give me until thursday of next week to bring it in.341 creditors meeting complete 06/29/06:clapping:
last day for objection 8/28/06 :angel:
discharge date 8/29/06:yahoo:
closed date 8/29/06:yahoo: :angel:
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We filed Oct. 2005 under the old law (a day before the new law went in affect). We had the following Motions filed, which delayed the discharge:
Motion for Relief - Mortgage Company in Dec05/Jan06
Motion for Relief - Credit Union in March06
Motion for Relief - GMAC a few days before the discharge just in June06 - which now held up the discharge another good month!
If all goes well, we should be discharged on or around 7/10/06.
Basically took a good 8 - 8 1/2 months from start to finish! We were told by someone at the bankruptcy court that we had a lot of activity which is what held it up but also because they were really backed up due to everyone trying to file before the new law.BK filed Oct. 05
Discharged June 06
Post BK (pre-dispute) scores (as of 8/15/06):
Equifax: 549
Experian: 545
TransUnion: 554
****************************************
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Originally posted by poormeOld law here....filed Oct. '05, discharged 3/1/06...still waiting on Case Closed...where on PACER do you see this - summary page?
Same boat here... was your case asset or no-asset?
If no-asset, has your trustee filed the Report of No Distribution yet?
Did the trustee take any special interest in your case at the 341?
Thanks -
spongenotbob
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My trustee filed the Report of No Distrubution the same day of my 341 hearing. I am wondering if that's going to speed up my discharge process. I am hoping that I get my discharge papers soon because I am in BAD need of a car . I had a rental and that was entirely too high to keep pursuing. I don't know how I am going to get back and forth to work!!
Chapter 13 conversion to chapter 7 filed 5/9/06
Auction for vehicle completed!
Deed in lieu of home completed
Discharged:8/16/06 and Closed:8/16/06
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Originally posted by onepowerfulladyMy trustee filed the Report of No Distrubution the same day of my 341 hearing. I am wondering if that's going to speed up my discharge process. I am hoping that I get my discharge papers soon because I am in BAD need of a car . I had a rental and that was entirely too high to keep pursuing. I don't know how I am going to get back and forth to work!!*** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***
My posts represent hours of research on and off the web, these forums, my experience, and my opinions.
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Ours was a no asset case. I do not know if the trustee filed the no-distro report you mentioned...it isn't logged in the case history notes. The trustee DID have special interest at the 341 because we thought we may file a malpractice lawsuit against a dr. He said (at the 341).."I'm going to keep this open until you decide about that. When you notify me in writing that you will or won't file, your case will go forward". Well, a month later I sent him a letter that the malpractice suit would NOT be filed because we'd received counsel from a trusted physician that we really didn't have a case. So when our discharge came thru on 3/1 I figured 'over'....but I can't find the 'closed' notation anywhere....guess I'll call the clerk and ask.
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Originally posted by poormeOurs was a no asset case. I do not know if the trustee filed the no-distro report you mentioned...it isn't logged in the case history notes. The trustee DID have special interest at the 341 because we thought we may file a malpractice lawsuit against a dr. He said (at the 341).."I'm going to keep this open until you decide about that. When you notify me in writing that you will or won't file, your case will go forward". Well, a month later I sent him a letter that the malpractice suit would NOT be filed because we'd received counsel from a trusted physician that we really didn't have a case. So when our discharge came thru on 3/1 I figured 'over'....but I can't find the 'closed' notation anywhere....guess I'll call the clerk and ask.
Unfortunately, until the Trustee files his report, it definitely ain't over (yet).
(but at least the hard part is done...!)
Best of luck,
- spongenotbob
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