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Do proof of claim deadlines delay discharge?

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    Do proof of claim deadlines delay discharge?

    Long story short, I filed a CH7 asset case that got converted to a no asset case upon the trustee's report of no distribution. The 60-day window has closed and now i'm waiting for a discharge. There are no flags, but there are two items I'm questioning the impact on obtaining a discharge:

    1) Since being converted, I still have a proof of claim deadline and a government proof of claim deadline, though these really don't apply any longer.
    2) There is a redemption hearing with no satisfied or terminated date. It was finalized (via an Order) on 3/28/17.

    The court clerk said these items will hold up my discharge, and transferred me to the judge's clerk. She said these will not hold up discharge, and the deadlines will not be removed. My attorney did not know and suggested to wait.

    Is there any way to know for sure? There are no flags on the "status" page in PACER, and below is what my schedule looks like:
    5 341 Meeting 12/18/2016 02/02/2017
    at 08:00 AM
    02/02/2017
    10 341 Meeting 02/02/2017 02/16/2017
    at 11:01 AM
    02/16/2017
    7 Hearing 01/26/2017 02/21/2017
    at 02:30 PM
    02/09/2017 [REDACTED]
    7 Hearing 01/26/2017 02/21/2017
    at 02:30 PM
    02/21/2017 [REDACTED]
    12 Hearing 02/08/2017 02/21/2017
    at 02:30 PM
    02/21/2017 [REDACTED]
    7 Hearing 01/26/2017 03/07/2017
    at 02:30 PM
    02/21/2017 [REDACTED]
    7 Hearing 01/26/2017 03/07/2017
    at 02:30 PM
    03/07/2017 [REDACTED]
    12 Hearing 02/08/2017 03/07/2017
    at 02:30 PM
    [REDACTED]
    7 Hearing 01/26/2017 03/28/2017
    at 02:30 PM
    03/28/2017 [REDACTED]
    5 Cert. of Financial Management 12/18/2016 04/03/2017 02/02/2017
    5 Objection to Discharge Due 12/18/2016 04/03/2017
    5 Proof of Claims Deadline 12/18/2016 05/03/2017
    5 Government Proof of Claim 12/18/2016 06/16/2017

    #2
    Regardless of the technical administration of the Chapter 7 your discharge is automatic unless a timely 727 complaint was filed. Your 341 meeting was held on 2/2/17. Creditors had 60 days from that date to file 523/727 complaints or seek an extension of the deadline. If no one filed such a complaint or extension request you became entitled to a discharge on 4/3/17. Assuming you have filed your Financial Management - Pre Discharge Debtor Education Certificate, you should be getting that Discharge shortly. Give it two weeks and then start to complain.

    Des.

    Comment


      #3
      Sounds good -- thank you very much!

      Comment

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