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Elizabeth Prentice
Elizabeth Prentice, Attorney
Category: Bankruptcy Law
Satisfied Customers: 170
Experience:  Managing Attorney for one of the largest consumer bankruptcy firms in America.
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is there a time limit to get my bankruptcy closed?

Resolved Question:

is there a time limit to get my bankruptcy closed?
Submitted: 11 months ago.
Category: Bankruptcy Law
Expert:  Elizabeth Prentice replied 11 months ago.
I am a bankruptcy attorney and I would be happy to assist you. If you filed Chapter 7, you should have already received your discharge. The actual closing of a bankruptcy case may take longer, merely due to paperwork or the court clerk. First, you should contact your attorney to ask whether there was any reason why it was still open, such as the trustee was waiting for proceeds from your tax refund, etc. If there is no legal reason, it may just be that the court clerk has not yet gotten to it. In which case, you should contact the court clerk's office to ask if it can now be closed or if there is anything you can do to speed up the process. The Idaho Court Clerk can be reached at the number here: http://www.id.uscourts.gov/contactus.htm.

If you have any further questions, please feel free to request me directly by name and I would be happy to assist you. I hope my answer has assisted you and that you will leave me a positive rating!
Customer: replied 11 months ago.


My divorce was bifurcated 2 1/2 years ago. I cannot go to trial until bankruptcy closes. The trustee is pressuring my attorney to get me t agree to a settlement wherin my ex will sign quitclaim ded to property so trustee can sell it, so he can close the case. I fel the trustee is holding my divorce trial hostage. My ex did not file bankruptcy so trustee cant sell with out the deed signed by him. This is now the longest open case in state history. Is there a limit? My divorce lawyer says trustee doesn't want to go before judge cuz hew screwed up. Can I force the issue? is there a time limit? Can he stall forever?


 

Expert:  Elizabeth Prentice replied 11 months ago.
I am sorry to hear about your situation. A case can not be left open indefinitely, but if they are pursuing assets, a Trustee can keep it open as long as necessary. However, there are time limits with regards XXXXX XXXXX the trustee should have staked a claim for the property in your bankruptcy, but it sounds like he did. Therefore, the trustee could technically hold the case open until the property issue is resolved; however, he can not force your ex to sign a quitclaim deed, since your ex did not file bankruptcy. I would recommend that you consult with a local bankruptcy attorney and not your family law attorney regarding your options in bankruptcy, before you agree to a settlement. A solution for you may be to have a bankruptcy attorney file a Motion to Lift Stay as to your divorce proceeding in bankruptcy court, so that you may proceed with your divorce trial.

I hope my answer has assisted you and that you will leave me a positive rating!
Elizabeth Prentice, Attorney
Category: Bankruptcy Law
Satisfied Customers: 170
Experience: Managing Attorney for one of the largest consumer bankruptcy firms in America.
Elizabeth Prentice and 4 other Bankruptcy Law Specialists are ready to help you
Expert:  Elizabeth Prentice replied 11 months ago.
Hi Tonya,


I'm just following up with you to see how everything is going. Did my answer help? If there is anything else you need, please feel free to request me by name.


Let me know,
Elizabeth

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