Almost 90 days since 341 Still no discharge?

[dmeyer07]

Hey guys quick question on feb. 28th it would be 60 days since 341 obviously i'm well passed that. On 3-8 pacer updated w/
"Chapter 7 Trustee's Report of No Distribution" Trustee asked to withdrawn from case because his duties were done. He sent me a letter saying heres my refund back because it was too small for him to mess with and that he will be closing my case.

Is there anything i need to do on my end?

Thanks!

[df04527]

Looks good to me. Have you taken the second required course and turned that in?

[tobee43]

sounds like the order of close is on it's way!!!!!

on your end...yes, you need to celebrate as soon as you see that signed order of close!!

[dmeyer07]

Thanks for the quick replies! I know I am very excited, grateful and relieved this is *almost* all over!

I have taken my last Credit Counseling course and sent it to the courts a long time ago (Something like a week after the 341) and it shows in PACER they received it.

Guess my court is just sloooww but oh well I can wait! If by April 1st nothing has changed I'm going to contact the Trustee and see what's going on would that be advisable?

Thanks again

[df04527]

If you are pro se, contacting trustee is ok otherwise contact your lawyer. I think they are slow personally. Should be any day.

[LadyInTheRed]

Thanks for the quick replies! I know I am very excited, grateful and relieved this is *almost* all over!

I have taken my last Credit Counseling course and sent it to the courts a long time ago (Something like a week after the 341) and it shows in PACER they received it.

Did you file form B-23? http://www.uscourts.gov/uscourts/Rul.../B_23_1210.pdf. Some courts have their own form that you use instead.

From earlier posts, I see you are a prose filer. You should call the trustee or a court clerk to see if you can find out if something is missing.

[justbroke]

I would go on PACER and check the CASE FLAGS (or FLAGS) on the CASE SUMMARY link in PACER! You may have a flag preventing discharge. You could also contact the Clerk of the Court and speak with your Case Manager. You can ask your Case Manager a procedural question, which would be... "do you know why Case # XX-XXXXX has not discharged"? I would check PACER first, since that is your responsibility as a Pro Se debtor.

Best Wishes!

[dmeyer07]

I'm going to call them on monday to see what's up! I am Pro se yes. I checked pacer and my flags are
Flags: MEANSNO

I am 99% sure i have all of my documents submitted. In the letter from my Trustee he said he would be closing the case so i'm not sure what's up.

-Dave

[justbroke]

The Trustee does not close the case. He just makes his report. I would definitely call your Case Manager on Monday (first thing) and ask what could be affecting your discharge. With any luck, you will receive your discharge right over the phone and could go into PACER and print it immediately thereafter!

[dmeyer07]

I was looking through my pacer and found this in the deadline/schedule section

25 Objections Due 02/07/2013 03/01/2013
Objection To Case Being Closed 03/08/2013 04/08/2013

So does that mean that i have to wait until 4-8 and it will be closed?

[justbroke]

Please, just call the Clerk's office and ask for your Case Manager. There is no sense in speculating. In one instance you are talking about discharge, and then talking about case closing; they are two distinctly different things.

Your case either should have been discharged already and awaiting closing, or your case has issues. There is no sense in being worried about your case closing unless you did not file something. This is why you contact the Case Manager. Each District, and maybe even Judge, has their own procedures that they use when it comes to case closing (and how discharges are done). In some Districts, the discharge is automatically generated by CM/ECF (PACER) if the flags would not otherwise prevent it from auto discharging. Even more automated Districts will allow auto close of the case as well. Flags and other tickle dates could prevent a case from auto-discharging, auto-closing, or even manually discharging and/or closing.

[dmeyer07]

Damn.. was just putting that info out there since i just found it. I know my case has no issues.. I'm missing nothing and i have left no information out. I'm not worried at all.

Since i just found that date of april 8th i'd say its safe to bet that in my district they wait for this before closing the case..was only posting to update.

[justbroke]

Since i just found that date of april 8th i'd say its safe to bet that in my district they wait for this before closing the case..was only posting to update.

All Districts wait until the Final Report has been received by the Court.

My issue is that in the beginning of this thread you post about a discharge. Now you're asking about closing. Is your case in fact discharged? Additionally, there are issues at times where you do not know or understand the issue with the case. For example, one of the Moderators here on BKforum had their discharge held up by a marriage certificate. They were never told, no one ever asked, there was no indications. Sometimes it is something procedural that you are just not aware of.

Is your case discharged? If so, then your close will come. if your case has not been discharged, there is "likely" some sort of issue. You asked if there is something you should do, and that remains to contact the Clerk of the Court and speak with your Case Manager.

(I absolutely loved working with my Case Manager. I knew that I could call anytime and ask any "procedural" question. She even called me twice to ask me about some papers that I submitted. At one time, we were in disagreement on whether a non-consumer debtor had to fill out the statistical summaries... it was very nice working with her. They are a wealth of information and are the people who actually push the right buttons!)

[AngelinaCat]

When our Chapter7 dragged on and on, WAYYYYYY past the estimated date of discharge, after an enlargement of time was allowed for creditors to object in our Asset case, 'Hub called our caseworker to find out what the holdup was. It turned out to be the lack of a copy of our marriage license in our file. We had brought one with us to our 341 as instructed, but the trustee said he didn't need it when we tried to give it to him.

Well, we did. We never found out exactly why, but we guessed that it was because we use different surnames, and were married in South Carolina, and therefore the license was not recorded in Florida.

[dmeyer07]

Well i spoke with the clerk of courts today and here is what she said when i asked why my case hasn't closed yet
"U.S. Bankruptcy Court - Vicki: I will have the case manager review the case for discharge. I believe, if the discharge is granted shortly, the case will be closed after April 9, 2013."

Obviously not too much help, but from what she could tell i'm not missing anything, she said the caseworker would notify me if i was. Guess ill keep on waiting!