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    Discharge and case closure

    My bankruptcy was discharged in February and just recently I noticed on pacer that it had closed.

    Can someone exlpain to me the difference between closure and discharge. I thought that when the discharge occured that I was free and clear. Guess I am now but could a case discharge and not close for a long time.

    Thanks,

    #2
    Discharge is a time technical thing. More of a formality. You file, the Court has a period of time to notify the Creditors, and then there's the 341. Generally that's about 30 days after filing, give or take. Then there's a 60 day period for Creditor Objections. When the 60 days passes with no Creditor Objections, the Trustee usually Discharges the BK.

    Closed is when the Trustee is done with you. No more business. No waiting on your income tax refund. Done all his/her investigations and concluded that there are no assets to disburse.

    Closed is when you're officially done with the Court. Or, more appropriately, the Court is done with you.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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      #3
      Easiest way to think of it is the discharge is when you no longer owe the debt. There may be more admistrative work that needs to be done on a case however, especially an asset case. While that work is being done the case stays open while the trustee and the court do their housekeeping. Then it gets closed.

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        #4
        SF,

        Good answer. I was posting at the same time you were and didn't see you had already replied.

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          #5
          YEAH, ON THE HOUSEKEEPING DUTIES...............

          My trustee is vacumming, cleaning, washing the car, cleaning out the garage, etc...................... 556 days and still counting............

          WISH TO HELL HE'D FINISH UP WHAT HE'S DOING.............
          Minny

          "It's amazing the paths that our feet sometimes follow in life".

          My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

          Comment


            #6
            Minny,

            In your case it was (is) more of a total teardown/rebuild by a shoddy contractor (trustee) I think.

            Comment


              #7
              Originally posted by Minnymouth
              YEAH, ON THE HOUSEKEEPING DUTIES...............

              My trustee is vacumming, cleaning, washing the car, cleaning out the garage, etc...................... 556 days and still counting............

              WISH TO HELL HE'D FINISH UP WHAT HE'S DOING.............
              LOL {{{{{{{{{{{{{{{{{{{{{{{Minny}}}}}}}}}}}}}}}}}}}}}} }}}}}}}}}}

              Comment


                #8
                Originally posted by Minnymouth
                YEAH, ON THE HOUSEKEEPING DUTIES...............

                My trustee is vacumming, cleaning, washing the car, cleaning out the garage, etc...................... 556 days and still counting............

                WISH TO HELL HE'D FINISH UP WHAT HE'S DOING.............
                *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

                My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

                Comment

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