QUESTION

Is this bankruptcy case going to be discharged and closed automatically by the court?

Asked on Dec 16th, 2015 on Bankruptcy - Oregon
More details to this question:
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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4 ANSWERS

Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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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.
Answered on Jan 06th, 2016 at 3:37 AM

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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.
Answered on Jan 05th, 2016 at 1:42 AM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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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.
Answered on Jan 05th, 2016 at 1:39 AM

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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.
Answered on Jan 05th, 2016 at 1:38 AM

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