Question about when BK will be closed

[Becky C]

I'm hoping someone will have an answer for me, my attorney's office not helpful.

Our BK was discharged 1/25/06, but it was an asset case -- we had sold a house with owner financing 3 years ago, and the trustee had us turn over our original mortgage documents, and began collecting payments on the mortgage after our 341 in Sept.

We assumed he would sell the mortgage to an investor, distribute the funds to our creditors, and close our BK case; but the folks who are making payments on this mortgage say they are still making payments directly to the trustee. They have about 7 more years to pay on this loan. Certainly he will NOT keep this case open for 7 years to collect payments on the mortgage?

Minnie, I see from your posts that your BK has gone on for over a year. How long can they legally drag these cases out?

I'm so sick of Legal Helpers -- a different person on the phone everytime I call, they never have any idea what I'm talking about, and my "attorney" never returns my calls.

Becky

[Becky C]

I think I just found the answer to my question -- I just found this on the FAQ page of the US Bankruptcy Court website:

"When will my case be closed?
Since all cases bear unique circumstances, it is difficult to pinpoint an exact time that your case will be closed. Many chapter 7 no asset cases are closed within 90 days from filing if no disputes have arisen. Chapter 7 asset cases require that the trustee liquidate the assets which often takes several years."

Which leads to my next question:
Can I begin to add to my savings account, pay ahead on my mortgage, etc. before the case is closed? Or could the trustee still come and seize assets as long as the case is open?