Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Will it ever end???

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  • Will it ever end???

    I know I'm whining, but it's hard to keep being patient.

    I filed in October of 2016, trustee made it an asset case. Negotiated with the trustee to allow me to buy back some equity, and I received my discharge in August of 2017. Trustee finally paid the unsecured creditors in January 2018. And the last week of February, Trustee filed the final account and request to be discharged. US Trustee does not object to relief. But as of today, the judge has not signed off and closed the case.

    Is there a mandatory waiting period I'm still waiting through?

    It's hard to be patient after waiting for almost 18 months. I have my discharge, but several creditors that I reaffirmed with are waiting for the case to close before I can work with them.
    • Nationstar Mortgage still refuses to send me statements. Nationstar has be worried: last year, they screwed up my escrow and didn't tell anybody until they sent a nastygram to my attorney threatened to file to foreclose. The mistake was theirs and it's been fixed, but I wonder how many more screwups Nationstar has made with my account.
    • Toyota reports my car as charged off to the credit bureaus, even though I reaffirmed and made all payments. This has kept my ex-wife (also on the loan) from being able to buy a new car for herself. In fact, the car is about to be paid off, and Toyota insists they "are required by law" to send the title to the trustee unless the case is closed.
    • Wells-Fargo... is a story by itself. It is a personal loan for a new HVAC for my house. I reaffirmed with them, and they dropped my interest rate to 0%. They report "paying as agreed" on my credit report, but the ex-wife's credit report shows 90 days late, charge-off.

    So... I've done my best to be patient, and in fact I respect my local trustee for the job he did. But it's time for this to be over!

  • #2
    The administrative closing is a slow process, as you can see. I think my case took half that time to close from discharge, but I was a no asset case. It appears that you're at the end. Asset cases are complex and require a lot of paperwork and diligence. I never expect an asset case to take less than a year, and if the Trustee is waiting for money or to liquidate, it could take 2, 3, 4 or even more years.

    The issues that you are having with creditors that do not want to do anything during this period, between discharge and administrative closing, are not extraordinary and but rather common. This especially is an issue with mortgages. Chapter 13 debtors tend to have even more issues, related to whether the arrearage is satisfied, if there is even a new arrearage, and escrow balances; especially between the discharge and the closing of the case. Some creditor accounting systems just can't deal with the account during the automatic stay period.

    I would say that 18 months from start to finish (close) in an asset case is about average. I think one issue was that your discharge took longer than normal (normally it's about 3-4 months from filing, not 10 months). That may be what extended all the other timelines.

    I hope that the closing takes place soon. You could reach out to the Clerk's office and ask why it hasn't closed. Sometimes, there's a flag on the case that is preventing it from closing and someone just needs to remove the flag.
    Last edited by justbroke; 03-09-2018, 09:43 AM.
    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

    I am not an attorney. Any advice provided is not legal advice.


    • #3
      I spoke to the Clerk's office this morning. There is a mandatory 30 day waiting period from the Trustee's last filing, then if nothing is pending, they can close the case. So for now, three more weeks of waiting...


      • #4
        I love the Clerk's office. They are good people. Now we know that the procedure in that District is to wait for the docket to "settle" down before they administratively close a case.
        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

        I am not an attorney. Any advice provided is not legal advice.


        • #5
          And as of today... CLOSED! Finally!

          Thank you again to everybody on this forum who supported, advised, helped, laughed, etc., with me through this journey. Without you guys I couldn't have made it!


          • #6
            LadyInTheRed is in the black!
            Filed Chap 13 April 2010. Discharged May 2015.
            $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


            • #7
              Congratulations..take a deep breath and enjoy your new life!
              Filed Chapter 13 - 07/20/12
              Discharged 8/2/16


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