Question about closing and if they'll take a tax refund

[senzadebiti]

My ch7 was discharged on 11-20-07. I don't even know if it was ever closed or not. I've read on here and on other sources that the closing is not nearly as important as the discharge and I understand this.

My questions is that if it is NOT yet closed, can they/will they still try to take a tax refund if I'm getting one? Wouldn't I have heard this by now since we are well into tax season? I haven't heard from the trustee that my tax refund may have to be turned over, but then I haven't heard that my case has been closed either.

[HHM]

You would need to check PACER to see if the case is closed. Last time I checked, I don't think they actually send anything out when your case closes.

Do you know if your case has been designated an Asset case?

[senzadebiti]

HHM- Thanks for your response. Mine was a no asset case.

[HHM]

If its a no asset case, and you are sure the case has not closed, then call the BK court clerks office and politely inquire about the status.

[senzadebiti]

HHM- What a big help you are! I just called the bk court in my district and inquired, and they told me it was discharged on 11-20-07, and terminated on 12-3-07. I assume that terminated means closed, and that I don't have to worry about them taking any refund if I'm entitled to one, correct?

[HHM]

Yep, you are in the clear.