Still Waiting for Discharge

[onlineuse]

FWIW to all of you out there waiting I'm at the 3 week mark post the date of objections - there have been no objections or obstacles and I'm still not discharged.

We've placed repeated calls to the lawyer who was allegedly calling the court this week, we never heard back. Wonderful legal service for 2k+ on a case that never hit a bump until now.

The frustrating part of all this is that it's tough to move on with our lives until we are officially discharged and yet we seem to have no control over what should be an automatic thing.

Some have suggested calling the court itself on our own, do we just dial the number for the federal court and ask for a clerk? Again, it seems isolated to a judge or two in particular as other cases around the same tiem are cleared almost daily but from other judges. Very odd. I'm mostly worried that the judge may have taken ill and that our case would get caught in limbo etc, just not sure where to proceed.

[onlineuse]

EDIT: Checked through a bundle of cases dating back into August and sadly I don't think I saw one discharged that was handled by the same tandem handling mine. Can't quite figure this all out but I've got to say it's frustrating that all this supposed "reform" took place and poor schlubs going through BK are left swinging in the wind so far after the 341 dates. Legally we can't really do any type of financing for homes, cars, businesses etc and it doesn't seem that anyone really cares.

I'm afraid to actively complain at the court level for obvious reasons, but I just cannot understand how a court can go multi-weeks beyond the 341 date without a discharge when there are no objections on dozens of cases.

[CATCHMEIFYOUCAN]

That is frustrating .. I hope I'm not waiting any longer than I have too! Last day for creditors to object is January 8th, and YOU KNOW I'm counting DOWN!

Catchmeifyoucan

Did you trying calling the Clerk?

[BK'd-Betty]

I simply called the Clerk's office for the Bankruptcy Court - the number was right on the front page of my originial filing.

I got them on the phone and very sweetly asked "how long does it usually take for a discharge once the final date for objections has passed"? The girl asked me for my case number, looked it up, said "oh this should have been discharged - give me 5 minutes"

Five minutes later - Pacer showed "Discharged & Closed".

Easy as pie!

And by the way - my lawyer didn't notify me till two weeks later! LOL

[bethe23432]

Me either

I haven't gotten my discharge yet and the 60 days were up Nov. 21. Sorry, CMIFYC, hope yours goes better. Can't get that elusive lawyer on the phone either. I guess I'll call the court Tuesday and find out what the hold up is.

[SinkingFast]

As Betty said she did,........... Give the Clerk of the Court a call. Casually inquire how long it usually takes to get "officially" discharged after your date for Objections and Extensions has passed. You may have the same luck Betty did.

Our attny's office told us here that Trustees do not physically issue Discharges themselves. The system is set up so a week after the Objections and Extensions deadline passes, the Court computer kicks on in the middle of the night and auto generates Discharges.

Everyone that filed in a 2-3 week period of time had 341's the same week as us and the same deadline for Objections and Extensions. People that filed nearly 3 weeks before us were discharged the same day as us.

Something so personal to each and everyone of us is just an automated process for the Court.

[onlineuse]

Sinking, I don't think that is true in every district though just based on my observations. IE, in this case there are people that filed/and or had their 341s before and up to 10 days after ours that are discharged out of the same district. They did however have a different judge.

I think it's "by the judge" here as cases from other judges but the same courts are discharged. It may be that in different parts of the country it's handled differently...not sure.

[SinkingFast]

I would agree with that, Online. I can well imagine different Courts, even different Judges, have different systems.

Thankfully, our attny's office told us what to expect so we didn't flip out during the week between the end of the 60 days and the "official" discharge appearing on PACER.

Maybe that particular Judge has been sick. Had a surgery or been in the hospital for some other reason. Sometimes we forget they are human too!

[onlineuse]

Okay moral of the story is up in the northeast it's still a process done by a clerk and is not automated like some regions. During the holidays staff was obviously lower. What threw me was some regions getting discharged immediately while we waited, but in the long run it was actually done a few days ago.

It seems the "worst" case average is about 10-12 days post objection date. This is based on reviewing the case stories here and actual cases online. 10 days seems to be about the average and includes holidays and weekends. My guess is in real terms most clerks/judges only discharge one day a week, and if things happen like holidays that pushes it back.

For those just starting on this process, relax. I figured our case was very difficult as it had a mix of business debts personally guaranteed, charge debt and others, and it was very smooth sailing. Then again though, we didn't do anything fishy, just had some bad luck, but in the end the courts were very pleasant to deal with, the local trustee was a very nice person, and really the only person that was tough to reach this entire time was the one I paid...!

Now time to focus on rebuilding credit.

[HHM]

Regardless of why it's late, the place you call to sort it out is the Clerk of Court.

It is something that "should" be automated. In all districts, the judge's electronic signature must be affixed to the discharge order. Perhaps, some of the more old fashioned judges want that process done in chambers (by their staff) while other judge's allow the clerk of court to affix it automatically upon the expiration of the objection period. In my district, the process is fully automated.

[onlineuse]

HHM I think it was some calls by our lawyer that got it moving. I totally respect the amount of work the courts have, but there also needs to be a balance. A lot can happen in 3 weeks of waiting for a formality and I think until someone goes THROUGH this process they don't realize how much those 3 weeks can hurt when you are waiting to do something as simple as get a secured card etc.