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Final Report but no Discharge?

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    Final Report but no Discharge?

    Is this normal to have my Final Report and Account and also for the Trustee to be discharged but still not have my discharge? I'm hoping I'm just being overly anxious but it's so close to over I can barely stand it. My lawyer has just stated that it should be "soon"

    #2
    Just have to wait it out.

    When lawyers say "soon", you have to figure that by 5-10X. They are an odd bunch that seems to be caught up in a time warp.

    Comment


      #3
      Welcome to BKForum.

      It really depends on which district you are in. The final report and accounting is not enough. In some districts it requires a Motion for Entry of Discharge after that final report plus an opportunity for the creditors to object. An affidavit of no DSOs ore DSO compliance is necessary to be filed. The financial management certificate must be filed and the certification form filed. The final payment in a Chapter 13 is not the end of the Chapter 13; it is simply a technical milestone.

      A Chapter 13 flows much more differently than a Chapter 7. It takes weeks from the Notice of Plan Completion filed by the trustee before the discharge is entered. It's not any conspiracy or lack of knowledge on the attorney. This is completely within the duty of the Chapter 13 Trustee and the court to ensure that all payments under the plan have been made.

      In some districts it may be only a few short weeks. In others, such as the Inland Empire, it can take 6-8 weeks for entry of the discharge order. I mean considering that you're in a 36-60 month plan, a couple of more months should be easy. I know it's painful to wait, but the waiting is rewarded by the discharge.

      So, yes we don't know what has been done, how your court processes the discharge, or what's left to do. Typically you get the discharge after the Notice of Completion of Plan and have filed all the required "discharge" documents BUT IF YOUR DISTRICT requires you to file a Motion for Entry of Discharge and wait 30 days, then you will wait longer than I did.

      Here's mine (I stopped paying in MAY!)
      4/19: certification of completion of financial management course (filed 3 months early)
      7/12: certificate regarding DSOs
      8/27: Notice Report of Completion of Plan
      8/28: Order discharging debtor
      10/30: Final Report
      December: Close Case
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

      Comment


        #4
        Wow...another 8 months until the case was closed?? Unbelievable. I was hoping to have this case completed with all accounting and a favorable plan completion and discharge in 60-90 days. As long as I know all my creditors are paid in full, the trustee is paid, my mortgage is current and my household bills are currently owed for this month, I'm can wait.

        Comment


          #5
          Case closure is simply administrative and typically does happen in 60-90 days following discharge, some more complex bankruptcies can take longer, oh, and during COVID things took longer.
          Chapter 13 (not 100%):
          • Burned: AMEX, Chase, Citi, Wells Fargo, and South County Bank cum Bank of Southern California
          • Filed: 26-Feb-2015
          • MoC: 01-Mar-2015
          • 1st Payment (posted): 23-Mar-2015
          • 60th Payment (posted): 07-Feb-2020
          • Discharged: 04-Mar-2020
          • Closed: 23-Jun-2020

          Comment

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