Legal Question in Bankruptcy in Texas

filing bankruptcy while having a case pending in your favor

Four years ago my husband and I filed bankruptcy and went to court and were appointed a trustee who said that she wanted to keep the case open since we had a pending lawsuit that may bring us some income in the future. It has now been 3 and a half years since that court date and the company we were suing filed bankruptcy over a year ago and it looks as though we may never recieve any money from that case. How long can the trustee keep our case open? Is there anything we can do to finally get it closed and get some piece of mind????


Asked on 9/05/00, 11:01 pm

1 Answer from Attorneys
Lawrence Maun Lawrence J. Maun, P.C.

Re: filing bankruptcy while having a case pending in your favor

I assume you filed a Chpater 7. Even though the case is still open you should have received your discharge. The trustee will continue to administer the bankruptcy case until all matters are complete. If you wish the case closed contact the trustee directly first to deterimine why the case has not been closed. If there are no assets left to administor in the estate the case should be closed. If that doesn't work you could bring a Motion in Bankruptcy Court requesting that the trustee file a final accounting and close the case.

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Answered on 10/05/00, 3:06 pm


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