Chapter 7 Asset Case

[originalhealer]

I'm a girl.....

Does anyone know how long the Trustee is allowed to keep this case open?

[originalhealer]

And I'm a guru! Hah!

[HHM]

Until the trustee is done administering the case.

Closing a case and discharging a case are two different things.

You must recieve your discharge after 60 days have passed from the date of your first 341 meeting (unless and objection or motion is filed to extend that date).

As for closing your case, it usually happens with a month or 2 of discharge, but if its a fairly complicated case, a case can remain open for several months to a year or more.

[bkasset]

If there's no proof of claim submitted, is it refunded back to debtor?

[originalhealer]

If there's no proof of claim submitted, is it refunded back to debtor?

Good question!

Something else occurred to me: You said the discharge has to take place within 60 days of my 341 meeting, unless a motion or objection is filed. Well, I had my 341 on August 17, so my discharge should be by October 17. Now, none of my creditors have filed any objections so far, though I do have a scheduled hearing for my car on September 13 unless I reaffirm the debt or surrender the car before then. Other than that, even if the Trustee gets some money from my pension, who will he pay? None of the creditors have filed Proofs of Claim.

[Whittio]

I didn't know I was on page 2, and the first post is, "I am a girl" and the second post is, "I am a guru". BOY, was I confused!

I still want to know how they are going to take your INCOME, the money you survive on, as an asset?? I can see if you had EXTRA income, as with any other case, they would switch you to a Ch 13 and make you pay your debts right? But if this is your income, how will they take it before you have it to live on??

Are you watching PACER to see if anyone is objecting? Or what your status is?

[originalhealer]

Yes, I have been watching PACER. So far, there are no objections that I know of, though I did have two creditors file Motions for Relief from the Automatic Stay: my apartment and my car. I have already moved out of the apartment into a new one, and I am reaffirming the car (for now).

HHM said the pension cannot be considered income, since I don't actually work for it. I do have a job now, but I didn't when I filed. I did state that I would be employed later on my schedules, and I did tell the Trustee, though I don't make enough to push me into a Chapter 13. Besides, I don't think any income I make after my filing date is affected.

[originalhealer]

You won't believe this...

My Trustee has hired a law firm at $300 per hour, and an accountant at almost $200 per hour, to try to get my pension money! And, the court has approved the hiring of both.

He has also now changed my case to a possible asset case, and has sent requests to file Proofs of Claim to all of my creditors.

I feel like I'm fighting off a vicious bear attack with a fly swatter.

Well, for those of you that believe in a Higher Power, you know why I'm not afraid. Whatever will be, will be.

I was thinking though, for those that recall the storage situation, http://www.bankruptcyforum.com/showthread.php?t=3169

I may fill out a Proof of Claim form for the storage/movers so at least some of my money will go towards that.

What is interesting, is that the Trustee says my creditors have until Dec 9 to file a Proof of Claim. I wonder if that delays my discharge? Basically, I am only concerned about the storage, my car, and a few pieces of jewelry I have in the pawn shop that belonged to my mother. In fact, I'm going to pay the pawn off this month.

Speaking of my car, the Trustee has also filed an "abandonment of property" for the car. I wonder why he needed to file that? I had almost no equity in the car anyway.