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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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It has been a year since I filed for Chapter 7 Bankruptcy.

Resolved Question:

It has been a year since I filed for Chapter 7 Bankruptcy. Although I was discharged for all personal debt in August 2011, the case still remains open. Is this a cause for alarm or is it common practice for the case closing to take more than one year? How can I find out if the lender's counter-claims recieved a favorable judgement from the bankruptcy court judge?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 4 years ago.
Hi JACustomer,
A Bankruptcy case will usually remain open longer than the discharge is received if there are assets - such as real estate that the Bankruptcy trustee is in the process of selling.
1) Were there any assets that had to be surrendered to the trustee?
2) Did any of your creditors file disputes?
Customer: replied 4 years ago.
There is a pending personal injury lawsuit from a car accident three years ago. A major bank is attempting to obtain compensation for a condo that was pledged as security for a business line of credit (however, a defective mortgage is involved my spouse is a joint owner and she never signed the note or lender's agreement). Other than these two items, I am not aware of any other claims. Anyway, isn't there a statute of limitations for creditors to make their claim before the discharge of debt goes into effect?
Expert:  cfortunato replied 4 years ago.
Those are the reasons your case has not yet closed. I know of a case that stayed open for 7 years after the Bankruptcy was discharged.
There is no limit to the amount of time a Bankruptcy trustee can keep a case open.
You can find out if the lender received a favorable outcome from the clerk at the Bankruptcy court.

I think this is what you wanted to know. If not, please let me know.
Thank you.
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