Another waiting period-Notice of Intent to Enter Chap 13 Discharge

[gld2pan]

So Pacer showed the trustee filed "Order appoving final report and account and discharging trustee" yesterday 7/16. Today looks like court filed "Notice of Intent to Enter Chapter 13 discharge". It says something about objections and 14 days and hearing on 9/09/15. Is the actual discharge not going to show until after this hearing?

[justbroke]

Chapter 13s are special and a creditor could object to entry of discharge if any one of the four (4) items listed on that Notice of Intent to Enter Discharge were not met! It's pretty straightforward.

[gld2pan]

So we won't see discharge till after Sept 9th? We did already have a 33 day period for objections. Which ended just this week.

[spidge]

Sorry to hear of another delay. Have you asked your attorney? Each district seems to have specific rules that are followed so your expectations may be skewed by what has been shared here on BKForum.

[gld2pan]

I think/hope it's only an additional 14 days as long as no objections. 9/09 is hearing date if an objection were filed.

[LadyInTheRed]

I don't know what the 33 day period was, but giving notice of intent of discharge with 14 days to object is a requirement of the bankruptcy code. In my court, no hearing is scheduled unless there is an objection. Hopefully, your court doesn't require a discharge hearing even if there are no objections.

[gld2pan]

June 8th, "Notice of filing trustee's final report and account and of order fixing deadline for objecting thereto" was filed that gave 33 days for objections.

[LadyInTheRed]

June 8th, "Notice of filing trustee's final report and account and of order fixing deadline for objecting thereto" was filed that gave 33 days for objections.

In my case, that was filed after I already received my discharge. The certification in support of discharge and 14 day notice of opportunity for hearing was sent to me by the trustee less than two weeks after I made my last payment. I signed it and sent it to my attorney who immediately filed it with the court. The court clerk then served the notice on the creditors. 23 days after the notice was served, the trustee filed a notice of plan completion and request for discharge that listed the the requirements for discharge that were satisfied, including nobody objecting to discharge within the 14 days. The discharge was entered the next day. 2 days after the discharge, the trustee filed her final report and account. She was discharged 2 days later. So, the 33 days must be a local rule and it probably wasn't to object to your discharge, but to object to the trustee's report.

I'm keeping my fingers crossed for you that you will get your discharge soon after the 14 days instead of having to wait for the September hearing date.

[spidge]

LITR, I like your signature.