Business chp 7 discharge/close

[Dis0314]

I had a business that went into chp13 a couple years ago and then about a year later was converted to chp7. It's been about 11 months now since going into Chp7 and I assumed it was like a personal Chp7 and after the creditor/trustee meeting it would be discharged and closed a few months later. I haven't been able to get a response from the trustee directly or through the attorney that was handling the case so I asked my old attorney if it was closed and he said no the status is still open... then he said I should have the attorney handling my personal chp7 try to contact them.....

i guess my reason for this post is why would it not be closed and is this normal for business bk to take so long and what is one to do if the trustee wont reply to them on questions they have?

[despritfreya]

A couple of points:

1. A business does not file a chapter 13. Only individuals file 13's. A business (corporation, llc) would file a Chapter 11.

2. If the business filed a Chapter 11 and then converted to a Chapter 7 you need to understand that a discharge will not be entered. Corporations/LLCs do not get a discharge in the context of a Chapter 7.

So, who filed bk and what Chapter?

As to your question. . . it could take a long time for a Chapter 7 Trustee to get around to reviewing the case and then completing that review, especially if a business was involved. Your best source of info is to sign up for a PACER account so that you can track the progress or lack thereof.

Des.

[Dis0314]

Yeah sorry. it was a chapter 11. it was an LLP that went into bankruptcy then finally was converted to Chp 7. so there is never a discharge, the trustee will just review the case then finally close it one day but it can take years, no time limit at all?

i will look into the PACER acct thanks.

[despritfreya]

. . . the trustee will just review the case then finally close it one day but it can take years, no time limit at all?

There is no time limit but my experience is that 6 months to a year will cover it if there are no assets to recover. It just depends how back-logged the trustee is with his case load.

Des.