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Closing Bankruptcy Cases
Last Updated: November 7, 2024
11 U.S.C. 350
Fed. R. Bank. P.
Event: Bankruptcy > Court Events > Close ...
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Note: Remember to review docket, pending deadlines, and current status to confirm that case is eligible for closing.
If
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Can be closed
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Chapter 7
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NO ASSET cases can be closed after the 341 meeting has been held; the discharge order has been entered (IN INDIVIDUAL CASES ONLY); and there are no pending appeals, adversaries, motions, or applications. See Instructions for Closing No Asset Cases.
Note: If the discharge was denied, check case status to be sure 341 meeting was held/concluded. If there is still a status of 'awaiting first meeting,' review the docket carefully. If necessary, ask trustee to conclude meeting by using the 'Trustee's Certification re: Admin. of case after denial of discharge' event.
Chapter 7 Corporations can be closed after the NO Asset Report has been filed; and there are no pending appeals, adversaries, motions, or applications.
ASSET cases can be closed after the U.S. Trustee files the Chapter 7 Trustee's Final Account and there are no pending appeals, adversaries, motions, or applications.
DISMISSED cases can be closed after the appeal time has run (14 days after entry of the order of dismissal); and there are no pending adversaries or appeals. Note: Dismissal ends the trustee's obligations. It is not necessary to conclude the 341 meeting.
CONVERTED cases (chapter 12/13 cases converted to chapter 7) can be closed if the above criteria is met AND the time has run to file an objection (30 days) to the Chapter 13 Trustee's Final Report and Account.
REOPENED cases can be closed after the relief sought in the motion to reopen is resolved (e.g., debtor has amended schedules and the last day to object to discharged has expired for the new creditor.) If, after reopening, the UST has not made a docket entry appointing a trustee, be sure to close the case using the 'Close Bankruptcy Case' event and NOT the 'Close Bk w/Final Decree (7/12/13)' event. The trustee was released at the time of the first closing.
REOPENED 523(a)(8) cases can be closed after the judgment or final order is entered in the adversary proceeding. The main bankruptcy case can be closed using the existing 'close bankruptcy' event.
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Chapter 11
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CONFIRMED cases can be closed 7-10 days after an Application for Final Decree is filed (See Application for Final Decree/Final Report); and there are no pending appeals, adversaries, motions, or applications. It is not necessary to have the Final Decree signed by the Judge unless additional language has been added to the order (e.g., a nunc pro tunc date or more specific information). The Final Decree language has been added to the closing entry.
Dispositions:
Enter the appropriate Disposition from the drop-down list for each debtor. Also enter the Disposition Date for each debtor; the default value is the Date Filed from the prior screen.
If a debtor (including a joint debtor) has been discharged or dismissed earlier, that debtor's disposition code and disposition date will be populated already. Do not change those values when closing the case.
If the plan is confirmed in a chapter 11 case, enter A-Standard Discharge only if a Motion for Discharge is granted. Otherwise, enter "D-Discharge Not Applicable."
DISMISSED cases can be closed after the appeal time has run (14 days after entry of the order or dismissal); and there are no pending adversaries or appeals. No Final Decree is docketed unless a Trustee was appointed to the case.
REOPENED cases can be closed after the relief sought in the motion to reopen is resolved.
REOPENED 523(a)(8) cases can be closed after the judgment or final order is entered in the adversary proceeding. The main bankruptcy case can be closed using the existing 'close bankruptcy' event.
NOTE: Chapter 11 SmBus Sub V
Follow the procedures listed above for Sub V cases (Including Dismissal/Conversion)
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Chapter 12
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CONFIRMED cases can be closed after the time has run to file an objection (30 days) to the Trustee's Final Report and Account; the Order of Discharge was entered (ISSUED IN ALL CASES); and there are no pending appeals, adversaries, motions, or applications.
DISMISSED cases can be closed after the time has run to file an objection (30 days) to the Trustee's Final Report and Account; and there are no pending adversaries or appeals.
REOPENED cases can be closed after the relief sought in the motion to reopen is resolved.
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Chapter 13
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CONFIRMED cases can be closed 30 days after the Trustee's Final Report and Account; the Order of Discharge was entered (ISSUED IN ALL CASES); and there are no pending appeals, adversaries, motions, or applications.
DISMISSED cases can be closed 30 days after the Trustee's Final Report and Account, and there are no pending adversaries or appeals.
REOPENED cases can be closed after the relief sought in the motion to reopen is resolved.
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What To Do:
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Review case for closing.
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Select docket event:
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Chapter 7 No Asset: [Bankruptcy > Court Events > Close Bk w/Final Decree (7/12/13)]
Note: Most Chapter 7 No Asset cases are closed via the auto closing program. Refer to instructions for Closing No Asset Cases.
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Chapter 7 Asset or Chapter 12/13: [Bankruptcy > Court Events > Close Bk w/Final Decree (7/12/13)].
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Chapter 11 - Confirmed (Final Decree was NOT previously entered): [Bankruptcy > Court Events > Close BK w/Final Decree (11)]
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Chapter 11 - Confirmed (Final Decree was previously entered): [Bankruptcy > Court Events > Close Bankruptcy Case]
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Chapter 11 - Dismissed [Bankruptcy > Court Events > Close Bankruptcy Case] or if a trustee was appointed, select [Bankruptcy > Court Events > Close Bk w/Final Decree (7/12/13)]
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Reopened Cases (any chapter): [Bankruptcy > Court Events > Close Bankruptcy Case] or if a trustee was reappointed, select [Bankruptcy > Court Events > Close Bk w/Final Decree (7/12/13)]
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Clear any existing flags. Do not remove DeBN flag.
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Terminate pending deadlines.
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Terminate pending documents.
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Pick Disposition from list.
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Chapter 7/11/12/13: Review the case to determine the disposition.
Note: Chapter 7 Corporations: Select D (Discharge Not Applicable).
Note: Chapter 11 Individual Debtor/Plan Confirmed: Select S (Discharge Withheld for Other Reasons). An individual debtor will not receive a discharge until completion of plan payments. Upon reopening due to completion of plan payments, issue discharge and close case. Select A (Standard Discharge).
Chapter 11 Corporation/Plan Confirmed: Select A (Standard Discharge). The order confirming plan acts as the Order of Discharge.
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End pending status if prompted.
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Chapter 11: select [y] (percentage pay unknown) for Percentage Unknown or skip this screen.
UPDATES:
11/07/24 Added procedure for closing Chapter 7/13 Reopened 523(a)(8) cases.
04/26/21 Disposition procedure for confirmed chapter 11 cases updated. This includes all language from "Dispositions" to the DISMISSED cases heading.
12/10/18 Under What To Do > Pick Disposition from list, added "Chapter 7/11/12/13: Review the case to determine the disposition." There are too many options to list them all in the instructions.
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Court Instructions
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