Discharged, BUT ...

[CATCHMEIFYOUCAN]

Even though I've been DISCHARGED as of end of January, I'm still concerned about these "Assets," the TRUSTEE is looking for. Creditors have until APRIL to sumbit PROOF OF CLAIM(s).

My question is THIS:

If one has already been discharged, can the Trustee/Judge go back and say, "well some debt cannot be discharged, and we just caught the fact that you have CASH ADVANCES that cannot be discharged, YOU MUST PAY THOSE! OR is it too late for them to order that?

Any input appreciated, CATCHMEIFYOUCAN, I just feel its almost too good to be true since I started in APRIL with Ch13 and converted in OCTOBER to Ch7, No Asset Case, but the Trusteed changed it to Asset Case, even though I've been discharged.

[HHM]

Technically, the court does not need to issue an order saying which debts are discharged and which are not. The BK code does that for them. Also, it is generally the burden of the creditor, when a showing of non-dischargeability it required, to demonstrate that a debt is not dischargeable, not the trustee or court.

For example, students loans are not discharged in BK. The court is not going to issue an order saying the student loans are not discharged, and the code does not require the creditor to make any showing that the debt is non-dischareable. However, if you have debt that falls under Section 523(a)(2)(C)(I), consumer debts in excess of $500 for luxury goods and services within 90 days of filing BK, the creditor must still make a showing that the conditions of that statute have been met to defeat the discharge of the debt.

[CATCHMEIFYOUCAN]

Thanks, HHM, is it too late for creditors to make a showing ?

Thanks, Catchmeifyoucan

[HHM]

Thanks, HHM, is it too late for creditors to make a showing ?

Thanks, Catchmeifyoucan

Yes, the deadline to object to the discharge of a debt is the date of discharge.

[lrprn]

Yes, the deadline to object to the discharge of a debt is the date of discharge.

HHM is right....unless allegations show up within one year of the discharge or before closing that lead the court or a creditor to think that you filed fraudulently or in "bad faith". Then the court will decide if your discharge should be revoked. See the "Can the discharge be revoked?" section at
http://www.uscourts.gov/bankruptcyco...discharge.html for the details.

[CATCHMEIFYOUCAN]

Well that just sucks, but I know I never filled out any application I ever got fraudently just to get credit. Im thinking the Trustee is waiting for my tax return which I wont be getting any since Ill owe $4000 in Federal and $120 to State. So I guess maybe APRIL or MAY he will have CLOSED my case for good!

Thanks for your input, Catchmeifyoucan

[CATCHMEIFYOUCAN]

Well, I feel more relieved about the Discharge than I did before now. My lawyer responded as I emailed him and said I was concerned about "Assets," the Trustee was looking for. My lawyer replied, "Don't worry." He's been real good and honest with me from the beginning so I will take his word!

Catchmeifyoucan