Is this bankruptcy case going to be discharged and closed automatically by the court? 7 Answers as of January 06, 2016

I have filled a BR Ch 7 with no asset, trustee has converted to (asset ch 7) she never said what asset was, she has filed many extensions but the last time she requested I did not consent. She allowed the time file a motion to object to discharge to come and go without filling any motions.

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David R. Fondren, Attorney at Law
David R. Fondren, Attorney at Law | David R. Fondren
Discharge is separate and distinct from the trustee administering on assets. Getting the discharge does not prohibit the trustee from continuing to pursue any assets. You may want to communicate in writing or other method that makes a documentation that you are trying to cooperate.
Answer Applies to: Missouri
Replied: 1/6/2016
A Fresh Start
A Fresh Start | Dorothy G Bunce
I am not able to read the Trustee's mind, but this time of year, the most common asset not protected by an available exemption would be the upcoming income tax refund check. The Trustee is not obligated to inform you of what asset she intends to seize, especially if this is an asset you somehow forgot to disclose on your schedules.
Answer Applies to: Nevada
Replied: 1/6/2016
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
It sounds like there is no reason your discharge shouldn't occur in the usual 4 to 6 month time frame. The case won't close until some time later (perhaps a year or more) depending on the asset(s) that is being distributed. There may be a lawsuit involved or simply the sale of something. It will likely happen without the necessity of your doing anything. That doesn't mean you should do nothing. Please go see an attorney who can look at all the facts and best advise you.
Answer Applies to: California
Replied: 1/6/2016
Timothy Casey Theisen, P.A. | Tim Theisen
This is one of the perils of filing without an attorney. You should consult with an attorney, bring your petition, and a good attorney might be able to help you amend your schedules to make it a no-asset case, or at least negotiate what you will need to pay in.
Answer Applies to: Minnesota
Replied: 1/6/2016
Garner Law Office
Garner Law Office | Daniel Garner
It sounds like you are aware that there is a difference between a discharge and the closure of your case. The discharge should be "automatic" now that the time for objections to discharge has passed, but that will not close your case until the trustee has filed her final report. You have the right to ask her what assets she is pursuing but it may not have anything to do with you. It could just be something she is trying to get from a creditor. There is no hard and fast time limit for a trustee to close a case, so there is not a lot you can do other than seeking peace of mind and assurance that she is not trying to get anything more from you. The judge may ask the trustee for a status report if the court feels the case is staying open too long.
Answer Applies to: Oregon
Replied: 1/5/2016
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Did you actually file a formal written objection to the motion? If you did, and the moving party took no action, then you probably prevailed. But you should check with the court records to be certain what happened.
    Answer Applies to: Wisconsin
    Replied: 1/5/2016
    Ronald K. Nims LLC | Ronald K. Nims
    You should get your discharged automatically, if no one has filed an objection to discharge. The case will not be closed unless there are no pending matters, such as assets.
    Answer Applies to: Ohio
    Replied: 1/5/2016
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