Dear [Trustee's Name], I am writing to request your assistance in preparing the necessary documentation for the discharge of the debtor and the approval of the trustee's report of no distribution, leading to the closing of the estate. As per the guidelines set forth by the bankruptcy laws in Massachusetts, it is crucial to ensure that all the required steps are followed accurately to complete this process. Firstly, I would like to inquire about the specific type of bankruptcy case that has been filed. In Massachusetts, there are various types of bankruptcy cases, including Chapter 7, Chapter 11, and Chapter 13. Each of these cases may require slightly different documentation and procedures for a discharge of the debtor and the closing of the estate. Therefore, it is important to determine the appropriate type of case before proceeding. For the purposes of this letter, let us consider a Chapter 7 bankruptcy case. In this instance, once the trustee has completed the necessary tasks assigned to them, such as collecting and liquidating the non-exempt assets, their next step is to file a trustee's report of no distribution. This report demonstrates that there are no funds available for distribution to the creditors. The trustee must also provide a detailed explanation of the steps taken to gather the debtor's assets, as well as the reasons for the absence of any funds for distribution. Along with the trustee's report of no distribution, it is also necessary to prepare a motion to approve the report and request the court's endorsement or order approving the report. This motion should clearly outline the reasons for the absence of distribution, supporting it with complete documentation. This includes any relevant financial records, statements, liquidation reports, or other evidence that substantiates the trustee's claim. Once the motion is filed with the court, it is crucial to provide notice to all interested parties involved in the bankruptcy case, including the debtor, creditors, and any other relevant parties. This notice should include a copy of the trustee's report of no distribution and the motion to approve the report, along with a clear explanation of their rights and the opportunity to object if they deem it necessary. If there are no objections raised within the specified objection period, and the court finds the trustee's report and the documentation provided satisfactory, they may issue an order approving the report and closing the estate. This order signifies the discharge of the debtor and officially concludes the bankruptcy case. In summary, the process of discharging the debtor and closing the estate in a Chapter 7 bankruptcy case involves filing a trustee's report of no distribution, preparing a motion to approve the report, and requesting the court's endorsement or order approving the report. It is essential to provide notice to all interested parties and ensure that all the required documentation and supporting evidence are included. Please let me know if you require any additional information or assistance in preparing the Massachusetts Sample Letter regarding Discharge of Debtor and Order Approving Trustee's Report of No Distribution and Closing Estate. Thank you for your attention to this matter. Sincerely, [Your Name]
Massachusetts Sample Letter regarding Discharge of Debtor and Order Approving Trustee's Report of No Distribution and Closing Estate
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FAQ
The Trustee's Report of No Distribution, or NDR, lets the court and all interested parties know that no money will be paid to creditors. If a NDR is filed, the court will close the bankruptcy case shortly after the discharge has been entered. Unfortunately, you can only find the NDR by reviewing your case docket.
Whether the trustee can take money you receive after filing your case depends on whether you were entitled to the money at the time your case was filed and how it was listed on your forms, if at all.
Summary. Your trustee may exercise their legal function to review your finances including your bank accounts. However, they are not permitted to touch any of your funds. Unless, of course, you have stipulated that in your repayment plan.
When Lotto Winnings Aren't Exempt. Any winnings above your allowed exemption amounts go to the bankruptcy trustee to the extent necessary to pay your debts. However, if there is money left after all of your debts and the costs of the bankruptcy are paid, the excess will be returned to you.
Can a Bankruptcy Trustee Take Your Tax Refund After a Discharge? There are two types of bankruptcy for individuals, Chapter 7 and Chapter 13. The bankruptcy trustee can keep your tax refund in both, though with Chapter 7 it will happen only once. With Chapter 13, it can happen every year of your repayment plan.
Closing a Chapter 7 Bankruptcy After Discharge A Chapter 7 case will remain open after the discharge if the Chapter 7 trustee appointed to the matter needs additional time to sell assets or if the case involves litigation.
For restitution, or damages, awarded in a civil action against the debtor as a result of willful or malicious injury by the debtor that caused personal injury to an individual or the death of an individual.
Closed Without a Discharge Cases are closed without discharge when the debtor does not complete the required debtor education required as a condition of discharge. The court may also close your case without discharge if you failed the last step for getting rid of debt. Your filing may not have been filed timely.
