Is there a max time frame to close a chapter 7?

[JessMN]

I've been discharged for almost 11 months and am still not closed (The trustee is going after my ex for $ owed me, I guess that makes me an asset case, though he never said I was...) Anyway, I've moved on with my life and am not worried or anything, but I was curious if there is a maximum time frame a case can stay open? Will it being open cause me any issues down the road?

[HHM]

Nothing in the law says that a case must close within a specific amount of time. So, to your question...there is no "set" time in which a case must close.

But in general, the courts will impose a "reasonableness" limitation on the amount of time a case stays open. However, the debtor would need to make the motion. The courts don't normally take affirmative steps to impose any limitation. Depending on the issues, if a case starts pushing 2 years, that is pushing the bounds. But it really is circumstance specific. e.g., if a debtor had a rich aunt die 3 months after filing, and the will is contested by various relatives and what not, that BK will take YEARS to close while the will is probated. However, if the trustee is merely going after a tax refund, and simply needs to pay claims, that case should really wrap up within 12 months.

[JessMN]

So if my ex is un-findable or unwilling to pay the money to the trustee then the case could stay open for years? Unless I petition the court to close it due to the reasonable time frame argument? Frankly, I'm fine with that - eventually my ex will be found and probably arrested for numerous things, (but that's a different story...) so I can only *hope* the trustee gets some $ out of him (mostly because I would get the amount I had exempted lol). I guess my main concern is that it being open wont affect me in any way, will it?

[HHM]

I would check PACER and see if there is any activity in your case. Be sure to look for affiliated cases (I forget the term used on PACER). The reason you need to look for affiliated cases is that the trustee would file an AP against your ex, and that would be a separate case.

If there hasn't been any activity and the trustee is just sitting on the case doing nothing, you could file the motion. Worse case, it lights a fire under the trustee to do something.

Having a case stay "open" usually is not bad thing. But it might come up if you try to get a mortgage or car loan when someone actually looks at the status of the BK, but generally, so long as you have your discharge, you are golden.

[AngelinaCat]

It was more than 15 months before our Asset case closed...

[JessMN]

Nothing has been posted on on Pacer since the discharge and there's nothing on the claims register or related transactions. I guess I could bug my lawyer to ask the trustee what's going on again...