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    Chapter 7 question

    Hello. My husband recently filed bankruptcy. I did not. The bankruptcy was discharged on April 18th. How long before the case is closed.

    #2
    Welcome to BKForum.

    The case will have either closed right at discharge, known as the autoclose, or it will close when the Trustee has completed their job. You would need to know if the case was an asset case, if the debtor (spouse) completed and submitted their certification of competition for their second class, or the trustee is administering assets.

    The prize is the discharge.

    You'll need to speak with your husband or through your husband to their attorney to determine if the case was closed. Usually, the court will mail a Discharge Order to the debtor by US Mail shortly after discharge. If the case has assets to manage or has flags preventing it from closing (e.g., hasn't submitted the certification), then the case will remain open until it is administratively closed.

    Since we don't have all the facts necessary to determine if the case has flags or the case is an asset case, there's no way to tell.

    Just to repeat, the discharge is the prize.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      After your discharge, If you are making payments to your trustee to keep your vehicle; will the trustee close the case only after the debt is paid?

      Comment


        #4
        That sounds like you have an asset case. In an asset case, the Trustee will not send their final report to the court until all property of the estate are recovered, liquidated, and distributed to creditors.

        In your case, that means the Trustee will not be done until you pay that "non-exempt" value of the vehicle to the Trustee, the Trustee sends out the checks, and then does their final report to the court.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          Hey there! After declaring bankruptcy, your case doesn’t close immediately. It usually wraps up once the trustee completes their duties, which can take a few months, especially if there are assets to liquidate. If there are no assets, it can close quickly after discharge. Make sure all documents are filed to avoid delays. Wishing you all the best for a smooth resolution
          Last edited by justbroke; 08-27-2024, 05:28 AM. Reason: [moderator removed tracking URL]

          Comment

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