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How long until a chapter 7 bankruptcy for a company is clo

 
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  • Answered by:cortrightlaw
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Customer Question

How long until a chapter 7 bankruptcy for a company is closed/discharged?

 

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State/Country relating to question: California

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Trying to find out if the chapter 7 bankruptcy that the home builder for my home filed on August 22, 2011, would be closed out (discharged) at this point? The home builder paid an insurance company $4 Million to cover the home warranties in the event that they went out of business, and now that insurance company is balking on paying a claim because they fear the bankruptcy court may decide to seize the $4 million to pay others that the home builder owes money too.

Submitted: 355 days and 4 hours ago.
Category: Bankruptcy Law
Value: $45
Status: CLOSED

Accepted Answer

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Expert:  cortrightlaw replied355 days and 4 hours ago.


cortrightlaw : The process from beginning till the end takes about 6 months.
Customer :

Ok, I had read that somewhere online, but I wasn't sure if it is always six months or not

Customer :

After the bankruptcy gets closed out, can assets (or perceived assets) still be seized by the bankruptcy court? Or is that something that can't/won't happen once the close out process has taken place?

cortrightlaw : Unless an unusual problem developes it is usually right around 6 months.
Customer :

Ok, do you know who I can contact (or maybe an institution I can contact) that would be able to confirm to me that this chapter 7 bankruptcy that the home builder of my house filed is actually discharged and done? It seems like I am going to need to prove to this insurance company that they don't have to worry about a Judge seizing the $4 million as assets of the home builder in order for them to pay the claim I have (which is due to a construction defect of the house).

cortrightlaw : You can take the Bk case number XX the bankruptcy court and get a copy of the closer of the bankruptcy or you need to contact a lawyer that has electronic access to pull up the case file online. Only lawyers have online access and even ten no all lawyers have hat access but must bankruptcy attorneys do.
cortrightlaw : Also technically corporations do not get discharges, i not sure which document they get that shows the bk has been concluded. Most likely it is just a notice of a no asset case being filed by the trustee.
Customer :

Ok, thank you for the information, I appreciate it.

Expert TypeAttorney
Category: Bankruptcy Law
Pos. Feedback: 99.0 %
Accepts: 459
Answered: 6/29/2012

Experience: Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.

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Expert:  cortrightlaw replied348 days and 11 hours ago.

I was glad to be of assistance answering your bankruptcy question. As you proceed through the bankruptcy process if you have any additional bankruptcy questions I would be glad to assist you. When asking your questions just request cortrightlaw and the question will be routed to me for a response.

Attorney Kevin Cortright

 
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