Chapter 7 with assets

[REGOR]

I filed a chapter 7 with no assets. It became an asset case when the Trustee got back a few preference payments. I was discharged though almost 10 months after filing. Now the Trustee has not filed a distribution report and it is almost 3 years since I filed and almost 2 since my discharge. How long can he keep my bankruptcy open? What are the consequences for me that it is not closed?

[originalhealer]

Holy Cow!

You mean to tell me that they kept your case open for 10 months?!?!

Then, after three years, they still haven't paid your creditors!

That's what I was afraid of! The same thing happened to me, I was a no asset case, and now because of my inherited pension, it has turned into an asset case.

I have one more payment toward my filing fee since I paid in installments. I have half a mind to skip my last payment so that they can dismiss my case.

I can't file for a voluntary dismissal because two of my creditors filed Motions for Relief from the Automatic Stay. Though those cases have been resolved: I have reaffirmed one and the other was for my apartment and I have already moved out almost a month ago.

[REGOR]

Chapter 7 with assets.

Ya. Once you are discharged, it's ok. However I am concerned about this Trustee still being around and leaving the Estate open so long after. What is he up to aside from eating away at whatever little monies he got!!!!!!!!!!!!!

You mean to tell me that they kept your case open for 10 months?!?!

Then, after three years, they still haven't paid your creditors!

That's what I was afraid of! The same thing happened to me, I was a no asset case, and now because of my inherited pension, it has turned into an asset case.

I have one more payment toward my filing fee since I paid in installments. I have half a mind to skip my last payment so that they can dismiss my case.

I can't file for a voluntary dismissal because two of my creditors filed Motions for Relief from the Automatic Stay. Though those cases have been resolved: I have reaffirmed one and the other was for my apartment and I have already moved out almost a month ago.

[HHM]

Usually, you can call the bankruptcy clerk and point this out to the clerk and then they can jump down the trustee's neck...but it depends on your area. In my area, the clerk gets pretty aggressive with the trustee's if they aren't meeting their deadlines.

[REGOR]

Chapter 7 with Assets

I would not do that if you the debt you will discharge are in excess of your inherited pension. But I would definitely do it the other way around + ask your lawyer what type of exemption you might be entitled to on your inherited pension.

You mean to tell me that they kept your case open for 10 months?!?!

Then, after three years, they still haven't paid your creditors!

That's what I was afraid of! The same thing happened to me, I was a no asset case, and now because of my inherited pension, it has turned into an asset case.

I have one more payment toward my filing fee since I paid in installments. I have half a mind to skip my last payment so that they can dismiss my case.

I can't file for a voluntary dismissal because two of my creditors filed Motions for Relief from the Automatic Stay. Though those cases have been resolved: I have reaffirmed one and the other was for my apartment and I have already moved out almost a month ago.

[originalhealer]

Ya. Once you are discharged, it's ok. However I am concerned about this Trustee still being around and leaving the Estate open so long after. What is he up to aside from eating away at whatever little monies he got!!!!!!!!!!!!!

What's OK?

[REGOR]

What's OK?

I have one more payment toward my filing fee since I paid in installments. I have half a mind to skip my last payment so that they can dismiss my case.

The question is whether your inherited pension is higher than the debt you are getting discharged. If it's higher then what you suggested to skip payment to let your case get dismissed makes sense. If you stand to gain more by getting your debts discharged then you should not do it.
But if you have already been discharged then the point is moot.

[lb0605]

The same thing happened to me. My Chap 7 was reopened in Dec. 2002 after having been discharged in Oct. 2002 because of the house I let go to foreclosure had sold for more than I owed on it. The mortgage company released the funds to the trustee. The trustee reopened my case as a "Chap 7 with assets" and it still shows on Pacer as "awaiting trustee's interim report". My lawyer bailed on me because he says he was fired from the law firm I hired and the law firm says they decided not to do bankruptcies anymore. So I am also listed on Pacer as "Pro Se". I have tried to contact the trustee but I don't ever get a response.

It's been over 2 1/2 years and there is no way to move this guy. As a matter of fact there is still over $2,800.00 in the escrow account from my "estate". Does anyone know if he is supposed to just keep that money or can I file a claim for it? Or is this the way that it goes, the trustee sits on the cash until it evaporates? I can't afford to hire another lawyer.

[originalhealer]

In my case, the inherited pension is about equal to the amount of my debts, and that is only if the Trustee is able to get ALL of it. Which is doubtful, because it is a state pension. But I don't know, he may be able to get something. I am not discharged yet, I'm due to be discharged in October, but with the Trustee trying to fight for the money, and with one of my creditors objecting to my exemption, and with me reaffirming my car and having to go to a reaffirmation hearing because I filed pro se, I doubt that I will be discharged that soon.

[Minnymouth]

Minny here,
We need to start a thread on "cases still discharged, but still open".....
Mine has been discharged for almost a year now, but case is still open pending a "house" issue that has not been settled by the trustee yet..........
The roof over my head is in question......do I get to keep it or not???? Is the trustee going to let me buy it back or not??????
I cannot get an answer out of my trustee either...........!!!!!!
My case is 15 months and still counting..........

Minny

[REGOR]

RESPONSE TO lb0605

Check the Claim Register on your case and see how many claims they are.
The debtor is entitled to monies from distribution of the Estate only after all creditors have been paid. It is unlikely that you can file a claim if the creditors claim exceed what's in the pot.

The same thing happened to me. My Chap 7 was reopened in Dec. 2002 after having been discharged in Oct. 2002 because of the house I let go to foreclosure had sold for more than I owed on it. The mortgage company released the funds to the trustee. The trustee reopened my case as a "Chap 7 with assets" and it still shows on Pacer as "awaiting trustee's interim report". My lawyer bailed on me because he says he was fired from the law firm I hired and the law firm says they decided not to do bankruptcies anymore. So I am also listed on Pacer as "Pro Se". I have tried to contact the trustee but I don't ever get a response.

It's been over 2 1/2 years and there is no way to move this guy. As a matter of fact there is still over $2,800.00 in the escrow account from my "estate". Does anyone know if he is supposed to just keep that money or can I file a claim for it? Or is this the way that it goes, the trustee sits on the cash until it evaporates? I can't afford to hire another lawyer.