Is this right. Everything I read said that the Distribution report would come early, and only come late if there was property being liquidated for creditors. In my case there were no assets.
I went down to the bk court and got on the docket. The case was actually CLOSED about 6 weeks ago. How and why does this work? I was under the impression that a case was only closed when everything was finalized. Was this a mistake?
Thanks. Let me be clear. Here is my timeline. 1. Case discharged 2. Case Closed 3. Report of no distribution by trustee. This is why I am confused.
If the Trustee's report says that there is nothing to distribute, you received your discharge, and your case was closed, I don't believe you have anything to worry about. Chances are the report was delayed in the mail. If you are really concerned I would consult your attorney.
The main differences between dismissal and closing of a bankruptcy case involve discharge, ability to file another bankruptcy case, and the consequences of filing another bankruptcy case.
(1) Dismissal of a Bankruptcy Case – Dismissal ordinarily means that the court stopped all proceedings in the main bankruptcy case AND in all adversary proceedings, and a discharge order was not entered. Dismissal can occur because a debtor requested the dismissal and qualifies for voluntary dismissal. Dismissal can also occur without a debtor’s consent if the court orders dismissal on its own, or a trustee or a creditor files a motion to dismiss the bankruptcy case and the court grants the motion.
(2) Closing of a Bankruptcy Case – Closing means that all activity in the main bankruptcy case is completed. This means that all motions have already been ruled upon, and if a trustee was appointed, the trustee has filed a statement that all trustee duties have been completed.
Closing does not mean that a discharge was entered unless all activities related to determining discharge have been completed. If a bankruptcy case is closed without a discharge because an individual debtor did not timely file a Certificate of Completion of Instructional Course Concerning Personal Financial Management, a debtor must file a Motion to Reopen the Case.
The clerk's office will mail a copy of the discharge to the debtor, the case trustee, and all creditors.
Everything has gone perfectly and you are confused? You must be used to having bad luck!
Because the trustee in your case found no assets, after the discharge was entered, the trustee filed a report with the supervisor, the US Trustee, who agreed that nothing else needed to be done in your case. So it was closed.
Case closed! It's finally over! Are you still confused?