Closing a Chapter 7, 12, 13, or 15 Case; Declaring Liens Satisfied

U.S Code last checked for updates: Jan 18, 2025

Rule 5009.

(a)

Closing a Chapter 7, 12, or 13 Case.

The estate in a Chapter 7, 12, or 13 case is presumed to have been fully administered when:

(1)

the trustee has filed a final report and final account and has certified that the estate has been fully administered; and

(2)

within 30 days after the filing, no objection to the report has been filed by the United States trustee or a party in interest.

(b)

Chapter 7 or 13—Notice of a Failure to File a Certificate of Completion for a Course on Personal Financial Management.

This subdivision (b) applies if an individual debtor in a Chapter 7 or 13 case is required to file a certificate under Rule 1007(b)(7) and fails to do so within 45 days after the first date set for the meeting of creditors under § 341(a). The clerk must promptly notify the debtor that the case will be closed without entering a discharge if the certificate is not filed within the time prescribed by Rule 1007(c).

(c)

Closing a Chapter 15 Case.

(1)

Foreign Representative’s Final Report. In a proceeding recognized under § 1517, when the purpose of a foreign representative’s appearance is completed, the representative must file a final report describing the nature and results of the representative’s activities in the court.

(2)

Giving Notice of the Report. The representative must send a copy of the report to the United States trustee, give notice of its filing, and file a certificate indicating that the notice has been given to:

(A)

the debtor;

(B)

all persons or bodies authorized to administer the debtor’s foreign proceedings;

(C)

all parties to litigation pending in the United States in which the debtor was a party when the petition was filed; and

(D)

any other entity the court designates.

(3)

Presumption of Full Administration. If the United States trustee or a party in interest does not file an objection within 30 days after the certificate is filed, the case is presumed to have been fully administered.

(d)

Order Declaring a Lien Satisfied.1

 So in original. The heading probably should not be italicized.

This subdivision (d) applies in a Chapter 12 or 13 case when a claim secured by property of the estate is subject to a lien under applicable nonbankruptcy law. The debtor may move for an order declaring that the secured claim has been satisfied and the lien has been released under the terms of the confirmed plan. The motion must be served—in the manner provided by Rule 7004 for serving a summons and complaint—on the claim holder and any other entity the court designates.

(As amended Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 28, 2010, eff. Dec. 1, 2010; Apr. 16, 2013, eff. Dec. 1, 2013; Apr. 27, 2017, eff. Dec. 1, 2017; Apr. 2, 2024, eff. Dec. 1, 2024.)