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Chapter 13 case closing
Often the order discharging the trustee and exonerating the bond often looks like a closing order, but the case is not closed until the clerk closes the case. At that point, the status will be terminated on the case docket. I just had a case in Santa Ana that was still awaiting a discharge months after the plan was complete, certifications had been filed and the trustee's final report was approved. I contacted the admin supervisor and the debtors' discharge was entered the same day.
Eric
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Ste. 1080
Torrance, California 90503
Telephone: (310) 792-5864
Facsimile: (310) 347-4353
Email: MitnickLaw@aol.com, MitnickLaw@gmail.com
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To: cdcbaa
Sent: Fri, Jan 29, 2016 12:37 pm
Subject: [cdcbaa] Chapter 13 case closing
Dear List,
I have a Chap 13 case that I filed the Certification of Compliance and Application for. After the Notice of Application for Discharge was served by the Court on the creditors and while the 14 day objection period was still pending, the Court entered an order closing the case. The 14 day objection period has since passed and an order of discharge has not been entered by the Court. My assumption is that one will not be entered since the close is now closed.
I tried calling the clerk to see if an entry of discharge would be entered despite the order closing the case but have not heard back.
Is there anything I can do to get the order of discharge entered without having to file a motion to reopen the case and paying the filing fee for it?
Thanks,
Tuan Le
DISCLAIMER:This e-mail may contain confidential information and may also be legallyprivileged. If you are not an intended recipient, as indicated above, pleasenotify us immediately. In such event, you should not copy or use thise-mail for any purpose nor disclose its contents to anyone. Enclosedinformation and attachments remain the property of the LAW OFFICE OF STEVELOPEZ. Opinions, conclusions, attachments, and neither information in thismessage that do not relate to the official business of the LAW OFFICE OF STEVELOPEZ should be understood as my personal responsibility, and as neither givennor endorsed by the LAW OFFICE OF STEVE LOPEZ.
Often the order discharging the trustee and exonerating the bond often looks like a closing order, but the case is not closed until the clerk closes the case. At that point, the status will be terminated on the case docket. I just had a case in Santa Ana that was still awaiting a discharge months after the plan was complete, certifications had been filed and the trustee's final report was approved. I contacted the admin supervisor and the debtors' discharge was entered the same day.
Eric
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Ste. 1080
Torrance, California 90503
Telephone: (310) 792-5864
Facsimile: (310) 347-4353
Email: MitnickLaw@aol.com, MitnickLaw@gmail.com
Although this email and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for any loss or damage arising in any way from its use.
The information contained in this email message and any attached files may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this email message in error, please notify the sender by reply email, and delete the email message you received and all of the attached files.
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***NOTICE OF EX PARTE HEARINGS WILL NOT BE ACCEPTED BY EMAIL***
-----Original Message-----
To: cdcbaa <cdcbaa@yahoogroups.com>
Sent: Fri, Jan 29, 2016 12:37 pm
Subject: [cdcbaa] Chapter 13 case closing
Dear List,
I have a Chap 13 case that I filed the Certification of Compliance and Application for. After the Notice of Application for Discharge was served by the Court on the creditors and while the 14 day objection period was still pending, the Court entered an order closing the case. The 14 day objection period has since passed and an order of discharge has not been entered by the Court. My assumption is that one will not be entered since the close is now closed.
I tried calling the clerk to see if an entry of discharge would be entered despite the order closing the case but have not heard back.
Is there anything I can do to get the order of discharge entered without having to file a motion to reopen the case and paying the filing fee for it?
Thanks,
Tuan Le
DISCLAIMER:
This e-mail may contain confidential information and may also be legally
privileged. If you are not an intended recipient, as indicated above, please
notify us immediately. In such event, you should not copy or use this
e-mail for any purpose nor disclose its contents to anyone. Enclosed
information and attachments remain the property of the LAW OFFICE OF STEVE
LOPEZ. Opinions, conclusions, attachments, and neither information in this
message that do not relate to the official business of the LAW OFFICE OF STEVE
LOPEZ should be understood as my personal responsibility, and as neither given
nor endorsed by the LAW OFFICE OF STEVE LOPEZ.
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