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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 40285
Experience:  Attorney and Real Estate Broker -- Retired
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I did a Ch 7 Bankrupcy in Illinois state and got discharged.

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Hello,i did a Ch 7 Bankrupcy in Illinois state and got discharged.
I see on my discharge it says "this order does not close or dismiss the case,and it dies not detemine how much money,if ant,the trustee will pay creditors."
So this means that my case is NOT closed?

Hello,

In a Chapter 7, there are two final orders:

1. The discharge order, which operates to release the debtor (you) from the debts discharged under the order; and

2. The bankruptcy trurstee's and court clerk's administrative closing order, which actually closes/terminates the case.

The importance of the two orders can be understood as follows: Suppose that the debtor has one credit card debt, and an apartment full of furniture. The trustee doesn't want the furniture, because it won't sell for enough to justify an auction. When the court issues the discharge order, the credit card debt is extinguished forever.

But, the trustee continues to control the debtor's furniture, until the administrative closing order is issued. In theory, the trustee could seize the furniture and sell it (this never happens, but it's legally possible). When the administrative closing order is issued, the furniture is released by the trustee and returns to the property of the debtor.

Practically speaking the furniture was always the debtor's because he/she was using it, and the trustee never asked about the furniture. But, legally speaking, until that administrative closing order is issued, the trustee could claim the furniture and sell it to try to pay creditor claims.

Other similar assests include: a small business with no assets; vacant land with minimal value -- in short, anything that is a debtor's asset, but which has practically no value in a fair market sale.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Customer: replied 11 months ago.
Thank you for your answer.i also see on some other docs that it says my case is closed.So is it closed or not?
it says"
"Full Docket Text for Document 18:
Bankruptcy Case Closed and Trustee Discharged (Admin.)"

Case is closed.

I hope this answers your question. If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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