Bankruptcy still not closed in over a year

[evilxs]

What can I do to force the closure of my bankruptcy? This is horrible and stressful, and just won't ever end.

Filed Bankruptcy September 2007, discharge was December 2007, but the bankruptcy is still not closed. I found out from my mortgage company who clued me in that my house had not been released. I only own one home. It is only worth 42k. I owe 42k. I am in limbo. I got a job offer in another state so I can move closer to my wife, but I can't sell my house because they haven't closed it. Do I just walk away? File bankruptcy again? Can I force them to close it? I have no idea what to do.

He is keeping it open because he is pursuing money owed me by my ex wife. I just want the stupid house released which is my only residence and should have been exempted I thought. I have the worst bankruptcy attorney on the face of the Earth. He didn't even realize my case wasn't closed. I need to know what I can do, HELP

I am still trying to clean up my bankruptcy and my wife looks like she might have to go through one too. Just very hard on our family.

[Tbornetun]

Sometimes cases are kept open for years. Has anyone heard from your trustee? Call the court, give them the file number and ask them what they are waiting on to close the case. It could be something simple. Maybe the trustee forgot to file the final report. Sometimes there is a real reason that they are kept open and there is nothing you can do about it. It would be something your attorney has no control over either.

[evilxs]

I already know why it isn't closed, and posted that above. I just would really like to know if there is any way to get him to release the house. It should be a crime to keep someone forced to stay where they are indefinitely. I want to move on in life.

Thank you for responding

[JRScott]

In the bk did you reaffirm the home?

[Tbornetun]

Sorry, getting late, I must be tired. Instead of reading "He is" I read "Is he" as if you didn't know. Sorry about that.
You can ask the trustee to allow you to sell the home. With the trustee's permission a home sale can go through at any point in the Ch. 7 process. It doesn't hurt to ask.

The reason your attorney didn't know about the case closing is because what the trustee is doing has nothing to do with you or your attorney anymore. It is an aversary proceeding against the ex-wife. You and the attorney are out of the loop on that one.
Like I said, sometimes they stay open for years. Once the attorney receives the discharge and the only thing going on with the case is the thing with the ex, his job is done.

[evilxs]

In the bk did you reaffirm the home?

No he did not reaffirm the home.
The attorney told him that if he does that,
first Trustees never, or very rarely grant that because,
secondly, it would open him up to lawsuits. With the petitioner saying, if he can pay them, than he can pay me.

So on his credit report he is not shown owning a home or even having a home loan. That Mortgage company does not show him as owing any balance at all, but his attorney has told him if he stops making his house payment he will get booted out.
He is basically renting a broken down home that he has already put a ton of work into and it looks like there is no reason to keep working on it. Probably just walk away from it if the housing market doesn't start turning around.

If the trustee grants him the sale of the home, will the trustee come back after any money over and above the loan value?