objection confusion?

[mac]

Here goes my story, divorced in 2001 and struggled with everything until finally throwing in the towel, and filing for bk (ch 7) in June of this year.

All was going well with lawyers and filing until my 341 meeting where I learned my ex-wife had filed an objection to my discharge. The trustee said he was only "informing" my lawyer and I of the filing. The objection was to the order of child support. ( 5 years, never late, never complained, never questioned anything) My lawyer says that the objection means nothing because you can not discharge child support. (I was not even trying to)
Received a letter to respond to objection, my lawyer said we did not need to since we were not trying to discharge it in the first place. So i did nothing?
Was this good advice?

Now i filed on June 26th, had my 341 on July 27th and now I have been waiting for something to happen. Finally started checking Pacer and now I can't stop checking but nothing is changing. I searched for the "date of last objection" as i have seen others post and can not find. Both my Bk case and the advesary case (w/ my ex) show open and no papers filed since 9/29/06.

When I call the automated number it says something about the date of last Gov't filing is Dec. 26th (this is not on Pacer...)

Am I going bonkers for no reason or will this work out?
my case is zero asset case.

sorry for the length and if i left anything important out, I just thought I would be closer to something by now.

[HHM]

Yes, you are going bonkers over nothing. Your attorney is right, you cannot discharge Child Support. It is your Ex that wasted her time filing the objection.

[mac]

thanks for the quick response, it just seems like waiting forever between my 341 and a decision on my case.
thanks again.

[HHM]

There really is no "decision" to be made. You will receive your discharge 60 days from the date of your 341. (unless the Trustee objects to you discharge, but that almost never happens).

[mac]

341 was on july 27th, if I was to be discharged in 60 days shouldn't I be discharged now, unless something is wrong?

If the trustee objected how would I know?

[miss puff]

Hi, I am no expert but from what I have read in the past, if the Trustee objects it would be on pacer. Some trustee's are just slow/behind in closing some cases. See if your lawyer will look into it. Good luck

[HHM]

341 was on july 27th, if I was to be discharged in 60 days shouldn't I be discharged now, unless something is wrong?

If the trustee objected how would I know?

Then you should contact the Bankruptcy Clerk of Court (yes, the Clerk of Court). If your case has not received a discharge and there isn't any reason for a hold-up, then the Clerk generally takes the necessary corrective action.

I suppose the hold-up has to do with the hearing for the Objection to Discharge, once the hearing has been completed, you should receive it. Nevertheless, go ahead and call the Clerk of Court.

[CindyLou]

Yes, the clerk can help you. They will find it make sure it is entered!

[mac]

you were right, called clerk today and to my surprise she said she thought she could discharge it today. Rushed home from work and true to her word...discharged and closed TODAY! Wow, what a great weight lifted.

[HHM]

Cool, glad to hear it was resolved. It is nice to know on occasion when the advice given actually works.

[Debtsarenogood]

There really is no "decision" to be made. You will receive your discharge 60 days from the date of your 341. (unless the Trustee objects to you discharge, but that almost never happens).

YOU WILL NOT RECEIVE YOUR DISCHARGE IN 60 DAYS FROM THE DATE OF YOUR 341 IF YOU HAVE NOT COMPLETED YOUR DEBTRO EDUCATION CLASS AND HAVE HAD IT FILED

[HHM]

YOU WILL NOT RECEIVE YOUR DISCHARGE IN 60 DAYS FROM THE DATE OF YOUR 341 IF YOU HAVE NOT COMPLETED YOUR DEBTRO EDUCATION CLASS AND HAVE HAD IT FILED

I think that kinda goes without saying...you might as well say, you can't get a discharge unless you file a petition. Typically, a notice of deficient filing would appear if he had failed to file the certificate, the poster didn't mention that...

[Debtsarenogood]

I think that kinda goes without saying...you might as well say, you can't get a discharge unless you file a petition. Typically, a notice of deficient filing would appear if he had failed to file the certificate, the poster didn't mention that...

NOT IN MY DISTRICT, THEY WILL JUST CLOSE THE CASE. IT IS VERY IMPORTANT TO MAKE SURE THIS SECOND ELEMENT IS DONE AND FILED WITH THE COURT, IT DOES NOT GO WITHOUT SAYING, A LOT OF CLIENTS OFTEN TIMES FAIL TO COMPLETE THIS SECOND ELEMENT

[SinkingFast]

NOT IN MY DISTRICT, THEY WILL JUST CLOSE THE CASE. IT IS VERY IMPORTANT TO MAKE SURE THIS SECOND ELEMENT IS DONE AND FILED WITH THE COURT, IT DOES NOT GO WITHOUT SAYING, A LOT OF CLIENTS OFTEN TIMES FAIL TO COMPLETE THIS SECOND ELEMENT

Debts,...........

Typing in caps on the internet indicates shouting. Hopefully that was not your intent.

It may be Federal Law, but BK does have Local application in some areas. Local Rules do vary. District to District and Court to Court. The petition, the Means Test, the Schedules, Credit Counseling, Debtor Education, and other parts of the Code do not vary.

The OP didn't say a thing about having their case dismissed for any reason. The OP had an Objection to Discharge filed by a Creditor. His Ex. Regarding Child Support payments which are not Dischargeable anyway. So, filing the Debtor Education Cert, in this instance does go without saying.

[Debtsarenogood]

my intent was not to shout, sorry


I don't think it goes without saying, it is something debtors often forget or fail to do, regardless of their attorneys and the court notifying them. The case closes and then they have to pay to reopen the case to get their discharge.