Rule 2002(f)-What does this mean?

[patm95]

Hi all,

Very good news that my wife just made her last payment. We got a letter in the mail from the trustee and I am confused as to what part of it means. If someone could give us some insight, I would greatly appreciate it.

It States:

"Pursuant to the Chapter 13 Manual, Part One, Section 16, the Court will not grant Debtors a discharge until such time as they have filed a Motion and Notice to all creditors and parties in interest, pursuant to 11 USC sec 1328 and Brankruptcy Rule 2002(f), setting forth their eligibility for said discharge. Failure to file said Motion within 21 days of the filing of the instant Report will result in the Clerk of the Court closing this case without the entry of an Order of Discharge."

I am confused as to if I need to do anything we have a lawyer, but he is pretty close to worthless and hasn't gotten back to us yet.

This forum has been a great help to us!!

[dmc-2008]

You better ahold of his worthless but, times ticking! Sounds like creditors need to know case is closing ???

[LadyInTheRed]

Yes, these are standard things that must be done to get a Chap 13 discharge. In some courts, the clerk or the trustee sends out the notice to the creditors, it sounds like your court requires the debtor's attorney to do it. How long has it been since your wife called her attorney? Did she say in her message that she received the notice and wanted to confirm that he is taking the steps required to get her discharge?

Your wife, and not you filed, right? You refer to "we" and "I". It is your wife that must contact her attorney. If you are the one who called, I suggest she call instead.

[patm95]

Well, my wife has emailed the attorney twice in the last week. In the past, this has been the only way to get him to respond. He has never returned a call. We were very specific in the email and we even attached a scan of the letter we received (even though it stated in the letter that a copy was sent to the attorney). Yes, you are right it is my wife that filed, it was before we were married. My wife is off work tomorrow, so I have instructed her to light up his phone.

Thanks so much for the info. We know now, that we really have to hammer him on this. On a side note, what happens if he drops the ball? Are we screwed?

[LadyInTheRed]

If this attorney misses the ball on this kind of thing, he wouldn't be practicing law for long. He just may not do it as quickly as you would like. I wouldn't hammer. If your wife contacted him twice this week, give him some time to respond.

Is what your wife received the instant report that is referred to in the text? What date was it filed?

[patm95]

Thank you for the reassurance. The text from my original post, my wife received in the mail from the trustee. It was a "notice concerning discharge". She recieved it on March 18 and it states that we had 21 days to file the motion and notice. I am not sure what "instant report" means in the letter we recieved. On the good side, my wife was able to get ahold of the attourney today and he said we would get something in the mail we would have to sign and return. She said he wasn't too worried, but it feels like we are cutting it close!

Thank you for the help.