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    Discharged vs. Closed???

    I know some of the differences but would like to know them all. Tell me the reasoning behind still waiting for "closing".
    Filed Jan 23rd, 2009
    341 meeting--February 24th--Went smooth
    :yahoo::yahoo:
    Discharged may 12th--had to call the court clerk!!:clapping::yahoo::yahoo::

    #2
    Discharge is where you actually get relief from your debt.

    Closing is an administrative function that just finishes tidying up your file then closing it indicating it is finished.
    May 31st, 2007: Petition Filed by my lawyer
    July 2nd, 2007: 341 Meeting Held
    September 4th, 2007: Discharged and Closed.

    Comment


      #3
      yes but what can they do to you in that interim period....between discharge and closing, are you still being watched ??????

      (I think i get way to conspiracy theory with all of this, but its hard not to when you disclose every single thing about yourself and your belongings)
      waiting to file in july-august,
      waiting for Chase to begin foreclosure,
      waiting for cc's to begin lawsuits,
      just waiting (& "afraid")...

      Comment


        #4
        Originally posted by AfraidOfBK View Post
        yes but what can they do to you in that interim period....between discharge and closing, are you still being watched ??????

        (I think i get way to conspiracy theory with all of this, but its hard not to when you disclose every single thing about yourself and your belongings)
        I see in your signature that you are waiting.

        What exactly are you waiting for?

        You may be worrying for nothing.
        Very fortunate in the grand scheme of things but have learned my lesson.

        Filed 12/15/08, 341 1/12/09, Cont to 2/12/09, cont to 3/12/09, cont to 4/15/09, cont to 5/11/09, cont to 6/02/09. Discharged 9/16/09, Closed 10/23/09

        Comment


          #5
          It depends on the case.

          In an asset case between discharge and closing is when the Trustee normally sells assets and divides the proceeds among creditors who have filed a claim. In this case the closing can take place months after the discharge (and in rare cases as long as a year).

          In a non asset case generally there is nothing much going on between discharge and closing. In these cases delays are normally caused by case loads. Some districts only close on a certain day of the week or month.

          The discharge is the most important phase for the debtor.
          May 31st, 2007: Petition Filed by my lawyer
          July 2nd, 2007: 341 Meeting Held
          September 4th, 2007: Discharged and Closed.

          Comment


            #6
            Originally posted by JRScott View Post
            It depends on the case.

            In an asset case between discharge and closing is when the Trustee normally sells assets and divides the proceeds among creditors who have filed a claim. In this case the closing can take place months after the discharge (and in rare cases as long as a year).

            In a non asset case generally there is nothing much going on between discharge and closing. In these cases delays are normally caused by case loads. Some districts only close on a certain day of the week or month.

            The discharge is the most important phase for the debtor.
            Hi JR, you have been very helpful.

            Since the last day for objections by the US TT for me is on June 11th, and the 341 is on June 8th when could I expect a discharge assuming nothing goes wrong?

            I have yet to hear anything and I am just 29 days away from the last day for objections counting weekends and holidays, only 19 working days.
            Very fortunate in the grand scheme of things but have learned my lesson.

            Filed 12/15/08, 341 1/12/09, Cont to 2/12/09, cont to 3/12/09, cont to 4/15/09, cont to 5/11/09, cont to 6/02/09. Discharged 9/16/09, Closed 10/23/09

            Comment


              #7
              Its possible they might file an extension LaJazz since that's only 3 days after the 341. However if all goes well at the 341 you might discharge on time. If they file an extension the standard extension time is 30 days.
              May 31st, 2007: Petition Filed by my lawyer
              July 2nd, 2007: 341 Meeting Held
              September 4th, 2007: Discharged and Closed.

              Comment


                #8
                Originally posted by JRScott View Post
                It depends on the case.

                In an asset case between discharge and closing is when the Trustee normally sells assets and divides the proceeds among creditors who have filed a claim. In this case the closing can take place months after the discharge (and in rare cases as long as a year).

                In a non asset case generally there is nothing much going on between discharge and closing. In these cases delays are normally caused by case loads. Some districts only close on a certain day of the week or month.

                The discharge is the most important phase for the debtor.
                Yes my closing is now 260 and waiting. I was an asset case, and I see motions and orders for this and that. Like requests for payments (Trustee and Lawyers) an objection as to priority, motions denying priority, every new motion gets thirty more waiting days. Since I owe 30K to IRS, and the balance after the Trustee and Lawyer (due to a 2004 hearing), will be about 6K. I hope it will all go to IRS. I don't know of any other priority creditor that hasn't been dismissed. 'Hub
                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


                  #9
                  Originally posted by JRScott View Post
                  Its possible they might file an extension LaJazz since that's only 3 days after the 341. However if all goes well at the 341 you might discharge on time. If they file an extension the standard extension time is 30 days.
                  Interesting. I thought that since I granted them an extension already that I would have to grant them another which I would not at this point.

                  Can they get an automatic extension? If not I doubt that my attorney would agree to anymore since they have pretty much asked me for everything that they possibly can.

                  He is ready to go to the mat on this one and I for one am glad. I need to get this over with.

                  Thanks
                  Very fortunate in the grand scheme of things but have learned my lesson.

                  Filed 12/15/08, 341 1/12/09, Cont to 2/12/09, cont to 3/12/09, cont to 4/15/09, cont to 5/11/09, cont to 6/02/09. Discharged 9/16/09, Closed 10/23/09

                  Comment


                    #10
                    Originally posted by AngelinaCatHub View Post
                    Yes my closing is now 260 and waiting. I was an asset case, and I see motions and orders for this and that.
                    How were you an asset case? I see your location as Florida and would like to know what occurred to cause this.

                    No homestead, newer residents, assets that you thought were exempt but that were ruled not so?

                    Am very curious, since I plan to file very shortly in FL.

                    Thank you
                    11-20-09-- Filed Chapter 7
                    12-23-09-- 341 Meeting-Early Christmas Gift?
                    3-9-10--Discharged

                    Comment


                      #11
                      So back to my question....we were no asset. What is the normal wait for no asset? Can we call the court clerk for closing as we did for discharge?
                      Filed Jan 23rd, 2009
                      341 meeting--February 24th--Went smooth
                      :yahoo::yahoo:
                      Discharged may 12th--had to call the court clerk!!:clapping::yahoo::yahoo::

                      Comment


                        #12
                        Originally posted by okiebk09 View Post
                        So back to my question....we were no asset. What is the normal wait for no asset? Can we call the court clerk for closing as we did for discharge?
                        60 days from the date of the 341 meeting for the discharge +/- the court case loads. And another two weeks for closing I am told.

                        Comment


                          #13
                          Originally posted by kenshirley View Post
                          60 days from the date of the 341 meeting for the discharge +/- the court case loads. And another two weeks for closing I am told.


                          I thought it was an additional 6 months for closing??? I am confused. Two weeks sounds great.

                          Comment


                            #14
                            Originally posted by jojo View Post
                            I thought it was an additional 6 months for closing??? I am confused. Two weeks sounds great.
                            In our district - Southern Ohio--it looks like the closings are taking anywhere frmm 10 days to 3 weeks after discharge, with an average of 2 weeks on a no asset case.

                            Comment


                              #15
                              Originally posted by AngelinaCatHub View Post
                              Yes my closing is now 260 and waiting. I was an asset case, and I see motions and orders for this and that. Like requests for payments (Trustee and Lawyers) an objection as to priority, motions denying priority, every new motion gets thirty more waiting days. Since I owe 30K to IRS, and the balance after the Trustee and Lawyer (due to a 2004 hearing), will be about 6K. I hope it will all go to IRS. I don't know of any other priority creditor that hasn't been dismissed. 'Hub
                              Ohh youre in a similar boat to me .... I was discharged june 08 and am still waiting to close. Altho my new lawyer called and the Trustee office said my account is 'paid in full' (I was a chap 7 but had to send in some money for 'non allowed items') and will soon be disbursed ... so I assume then closed. But Im going on a year now and over a year since filing (feb 08). *sigh*

                              Comment

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