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Does this mean case closed?

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    Does this mean case closed?

    I know it's a discharge order, but I think it also means the case is closed? Is that correct?


    IT IS ORDERED that the report is APPROVED, the Trustee is DISCHARGED from and
    relieved of the trust; the surety or sureties thereon are released from further liability thereunder,
    except any liability which may have occurred during the time such bond was in effect and the
    estate is CLOSED.



    Another quick question. Do we have to turn over our 2008 tax returns to the trustee when we get them in early 2009? At our 341 meeting, the trustee told everyone they had to turn over 2008 tax returns and filings, and if they didn't, he would recommend the BKs be dismissed. I've tried asking him via email if he meant the taxes we filed in 2008 for 2007 (which we turned in to him), or if he meant the 2008 taxes in 2009 too. No reply. We are pro se, and I don't want to screw up something; at the same time, I don't see how he could claim tax refunds after the case is closed. Just double checking with ya'll.

    Thanks!
    Filed No Asset Ch. 7, pro se, 08/18/2008
    341 meeting is 09/25/2008
    Last day for objections is 11/24/2008
    Discharged: 11/28/2008

    #2
    Your case is not yet closed. A typical Chapter 7 is divided into two components: One regarding your assets and whether there are any non-exempt assets the trustee can go after; the other component has to do with your ability to discharge your debts.

    Congrats ! You have discharged your debts.

    I am not sure a trustee can keep a case open for several months to review your 2008 tax return which you are not obligated to file until April 15 of next year. It is unlikely that he can without special cause.

    The case is not closed until the trustee files a "no asset" report.

    If I were in your shoes and the Court closes the case, I would not send the trustee any further tax returns.

    Good luck !

    Comment


      #3
      Originally posted by Cut-Up-Plastic View Post
      Your case is not yet closed. A typical Chapter 7 is divided into two components: One regarding your assets and whether there are any non-exempt assets the trustee can go after; the other component has to do with your ability to discharge your debts.

      Congrats ! You have discharged your debts.

      I am not sure a trustee can keep a case open for several months to review your 2008 tax return which you are not obligated to file until April 15 of next year. It is unlikely that he can without special cause.

      The case is not closed until the trustee files a "no asset" report.

      If I were in your shoes and the Court closes the case, I would not send the trustee any further tax returns.

      Good luck !
      Our trustee actually filed the "no asset" report about three days after our 341 meeting. So, does that mean the case is closed?

      Thanks for the advice on the taxes. I'm sure that if we waited to file until 4/15, we definitely wouldn't have the return back before the 180 days after the case is closed expires--if it is closed now???
      Filed No Asset Ch. 7, pro se, 08/18/2008
      341 meeting is 09/25/2008
      Last day for objections is 11/24/2008
      Discharged: 11/28/2008

      Comment


        #4
        Things are looking good for you. Since the trustee filed the no-asset report, he has indicated to the court that he is totally done with your case. I suspect that the court will officially close your case within two weeks of the date that you receive your discharge.

        Comment


          #5
          Thanks!
          Filed No Asset Ch. 7, pro se, 08/18/2008
          341 meeting is 09/25/2008
          Last day for objections is 11/24/2008
          Discharged: 11/28/2008

          Comment


            #6
            Here you go: Our now traditional victory (hamster) dance. Congrats.
            Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube.
            If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

            Comment

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