This rule is the same as § 350(a) of the Code. An estate may be closed even though the period allowed by Rule
3002
(c) for filing claims has not expired. The closing of a case may be expedited when a notice of no dividends is given under Rule
2002
(e). Dismissal of a case for want of prosecution or failure to pay filing fees is governed by Rule
1017.
The final report and account of the trustee is required to be filed with the court and the United States trustee under §§ 704(9), 1202(b)(1), and 1302(b)(1) of the Code. This amendment facilitates the United States trustee’s performance of statutory duties to supervise trustees and administer cases under chapters 7, 12, and 13 pursuant to
28 U.S.C. §
586. In the absence of a timely objection by the United States trustee or a party in interest, the court may discharge the trustee and close the case pursuant to § 350(a) without the need to review the final report and account or to determine the merits of the trustee’s certification that the estate has been fully administered.
Rule
3022 governs the closing of chapter 11 cases.
Subdivisions (a) and (b). The rule is amended to redesignate the former rule as subdivision (a) and to add new subdivisions (b) and (c) to the rule. Subdivision (b) requires the clerk to provide notice to an individual debtor in a chapter 7 or 13 case that the case may be closed without the entry of a discharge due to the failure of the debtor to file a timely statement of completion of a personal financial management course. The purpose of the notice is to provide the debtor with an opportunity to complete the course and file the appropriate document prior to the filing deadline. Timely filing of the document avoids the need for a motion to extend the time retroactively. It also avoids the potential for closing the case without discharge, and the possible need to pay an additional fee in connection with reopening. Timely filing also benefits the clerk’s office by reducing the number of instances in which cases must be reopened.
Subdivision (c). Subdivision (c) requires a foreign representative in a chapter 15 case to file a final report setting out the foreign representative’s actions and results obtained in the United States court. It also requires the foreign representative to give notice of the filing of the report, and provides interested parties with 30 days to object to the report after the foreign representative has certified that notice has been given. In the absence of a timely objection, a presumption arises that the case is fully administered, and the case may be closed.
Changes Made After Publication. No changes since publication.