Awaiting Closure 113 days

[A007guy]

My case started as a Chapter 11 Asset case filed 4/26/07 and was converted to a Ch 7 Asset Case on 7/26/07 for failure to provide any information requested.
Around 10/26/07, I realized that the filing was a mistake and filed a motion to dismiss. The judge denied the motion and wanted me to provide the schedules and do the Creditor's Meeting. After missing about 5 rescheduled creditor's meetings, the trustee filed a motion for a bench warrant(remember $$ asset case).

About 4/26/08 the judge signed a Bench Warrant for failure to attend Creditor's Meeting. About 5/13/08, the Judge signed an order denying discharge. Finally on 1/9/09, the Trustee filed a Report of No Distribution, thus converting case to a No Asset case. Now 113 days have gone by.

Does anyone have a clue how much longer before the case will be closed and why?

Please advise...thanks.

[lrprn]

A bunch of questions first.....

- Did you file the original Ch 11 with a lawyer or did you try to do it yourself?

- Do you still have legal representation now?

- What happened between May 08 and January 09 to convert your case to a no-asset case? Did you finally provide the requested financial information to your trustee?

- What happened to the May 08 bk judge's order denying your discharge? Is that still in place?

- Did the US Trustee get involved in your case? If yes, then the local trustee declaring you a no-asset case isn't enough to get you discharged. The US Trustee has to agree you are a no-asset case as well.

- Do you have a PACER account? If yes, what do the PACER court documents related to your case say?

If you do have a bk lawyer, then ask him/her to contact the court and ask for a status update. If you are on your own, then call your local bk court and politely ask the court clerk for an update about your case.

[A007guy]

Awaiting Closure 113 days

Thanks for your reply....answers below:

-I filed the Ch 11 myself as funds were not available to hire an attorney.
-I am still pro se.
-It appears the trustee scoured the public records and found no property in my name.
-The denial of discharge was the result of an adversary complaint by the US Trustee which I fully accepted since I recognized the filing of the BK was a mistake 6 months after filing.
-What happened is all the mortgage companies motioned to have the stay lifted so they could proceed with foreclosure, which is what I wanted and accepted....
-yes I have a PACER account...status is now 114 days awaiting closure of a now no asset case.
-I did call the case manager a week after the trustee's report and she said they would have to audit the case first..I called again a few weeks ago and her voice message said "Hi this is so and so from Judge ___ ____'s team."
At that point it seemed as though she is on the opposition's team and so I became concerned about her telling the judge of my inquiry and feared her telling me to come see the judge.
-On the other hand the bench warrant was the result of the Ch 7's attorney filing the motion for it when they saw dollar signs of properties to be sold. Now that the Ch 7 trustee has filed his report of no distribution, it appears the need to speak to me may be gone.

What do you think about the situation?

[lrprn]

What do you think about the situation?

Thanks for the answers - they help clarify your situation.

Since the US Trustee got involved with your case, you may be on hold waiting for the US Trustee to find you a no-asset case. If you don't see anything on PACER from the US Trustee, that could be the hold-up.

I can't speak to the judge/court clerk situation you are concerned about. Is there a reason you are fearful of going in front of the judge if that proves necessary to move your case along?

[A007guy]

Awaiting Closure 113 days

Thanks for your reply. The US Trustee filed an Adversarial Complaint on December 21, 2007, to the get the 727 judgment against me, that is the denial of discharge. Because I had already realized that the BK was a mistake, I fully accepted his complaint on all counts and the entry of a judgment denying me discharge. The reason is I wanted to agree quickly with my adversary to show their is no dispute in my part, thus concluding matters with the US Trustee. After that judgment was entered there has been nothing further for the US Trustee to complain about. On 3/24/08, the judge signed an order denying me discharge.

My concern about speaking to the clerk is simply based on the fact that she has first hand knowledge of the bench warrant.

In this case I filed no schedules, no tax returns, no statement of financial affairs, income and expenses, or assets and liabilities. The last conversation I had with the judge on about 10/26/07 was her saying she wanted me to provide all that info and attend a 341 meeting under penalty of perjury. I was unable to do so and still have no plans to discuss my business with the trustee. After all on 1/9/09 the Ch 7 trustee filed the report of no distribution and the case is awaiting closure.

Therefore it seems as though matters are concluded with both the US Trustee and the Ch 7 trustee, plus all the mortgage companies got the stay lifted to finish pursuing their foreclosure actions in the state court.

My question remains: do you have any clue how long it might be before the case is closed?

[lrprn]

My concern about speaking to the clerk is simply based on the fact that she has first hand knowledge of the bench warrant.

So the bench warrant is still active?

In this case I filed no schedules, no tax returns, no statement of financial affairs, income and expenses, or assets and liabilities. The last conversation I had with the judge on about 10/26/07 was her saying she wanted me to provide all that info and attend a 341 meeting under penalty of perjury. I was unable to do so and still have no plans to discuss my business with the trustee. After all on 1/9/09 the Ch 7 trustee filed the report of no distribution and the case is awaiting closure.

So it sounds like you are in a standoff. The court seems in no hurry to give you a discharge, yet you won't contact the court to find out why.

My question remains: do you have any clue how long it might be before the case is closed?

Sorry....I failed my mind-reading course and my ESP is lousy . Seriously, no one here is going to be able to tell you how much longer your discharge might take. Since you've decided to stay incommunicado with the court, they can take as long as they want to.

There have been Ch 7 cases that have remained open for many years - unfortunately due to the circumstances you describe, yours may very well be one of them.

[A007guy]

Awaiting Closure 113 days

The bench warrant has not been cancelled by any filings into the case as I check PACER regularly.

The US Trustee filed an Adversarial Complaint on December 21, 2007, to the get the 727 judgment against me, that is the denial of discharge. Because I had already realized that the BK was a mistake, I fully accepted his complaint on all counts and the entry of a judgment denying me discharge. The reason is I wanted to agree quickly with my adversary to show their is no dispute in my part, thus concluding matters with the US Trustee. After that judgment was entered there has been nothing further for the US Trustee to complain about. On 3/24/08, the judge signed an order denying me discharge.

Thus I am not waiting for a discharge...that has already been denied. I am simply awaiting closure of the case. Thus it appears that all matters have been adjudicated since the US Trustee got his judgment with my consent and the Ch 7 trustee filed his final report seeking release from the case.

What is the longest time period for closure that you have read about in any case after the Ch 7 trustee filed his final report? Please advise...Thanks.