Discharge and closing

[JollyGG]

I know this question has been asked a million different ways but here it is again.

Our last day to opose discharge / dischargablitly was Jan. 30. We still have not been discharged. Searching through past posts it looks like it takes on average 10 days to get your discharge after the last day for objections. I have also noted that the most common advice is to call the cleark of courts, play dumb and ask how long discharge should take.

At this point my husband and I figure that not a whole lot bad can happen now that the date for objections has passed so we are not that worried about not being discharged yet and are willing to be patient for now. Yes, we would like to be discharged so we can rebuild, but aren't worried yet. Should we be?

We still have two unresolved issues.
1.) All but $253 of our tax return was covered by exemptions. However our return went straight to the trustee so we are waiting to get the $2400 that is ours back.
2.) Local Trustee requested (Jan. 23) and was granted (Feb. 1) the following motion from the US trustee office - "Applicant (Local Trustee) believes that the employment of an attorney (local trustee) is necessary to represent or assist the Trustee in carrying out the Trustee's duties as follows: An attorney is necessary to collect non-exempt assets. An attorney is necessary to perform such service and such other legal services as may be necessary."

I assume the non-exempt assets they are refering to are the $253 of non expemt tax return. On PACER it still says No Asset. Creditors have not been asked to file proof of claim at this point.

Am I missunderstanding what the "APPLICATION FOR APPROVAL OF EMPLOYMENT OF (local trustees law office)" is?

Could these two issues be what is holding up my discharge?

[bige1030]

Assets and discharge are two different things...there are quite a few people on this board with asset cases who have gotten their discharge before their assets were administered. It seems like they're getting their discharges on the same timeline that people with no asset cases get theirs - so yours will probably come soon.

[JollyGG]

Wednesday I emailed our lawyer and asked him why we still are not closed yet as it has now been a month since the last day for objections. I also asked when we can expect to get our tax refund back.

He checked into it. It turns out he never filed our certificate of debtor education completion. He filed it yesterday and says that we should be discharged soon. He also emailed the trustee about our tax return.

In the meantime we called the IRS just to make sure the check had gone to the trustee. No sense bugging her about it if she doesn't have it. After all, there could be lots of reasons we haven't gotten it. Well the IRS said that due to the bankruptcy they mailed a check instead of doing direct deposit. When we asked if the check was mailed to us or the trustee we were told that it had been mailed to us.

So I emailed the lawyer again and told him that. Well, he emailed me back and said that the trustee had it. He forwarded me this email she sent him Thursday. "We received the check yesterday. It will go into our Friday deposit. We cannot cut checks out a trust account until the check clears. The check will be forthcoming." (I assume it was deposited today. Though, the whole town is closed due to snow so who knows if it made it.)

So hopefully, we will be discharged soon and have our tax return.
Once we get the tax return we can buy my aunt and uncles Explorer. Once we are discharged we can sell our truck and use that money to pay some of what we still owe our lawyer.
With a 3 year old and a 10 month old the little, old, S10 pickup just doesn't do it anymore. Plus the clutch is going, there is a whole in the floorboard, and the door doesn't always latch. I'm hoping to sell it for parts as it does have a rebuilt engine with less than 30,000 miles on i.

What sucks is that due to the delay in getting our tax return we finally had to explain the whole thing to my aunt and uncle. They have been letting us drive the Explorer since November when we started having the clutch trouble with the S10. Till now they have been very patient. But, my aunt quit her job about a month ago and now they really kinda want their money. Up to this point my parents were the only people we had told about the bankruptcy. We haven't even told my husbands parents. We figure it is none of their buisness.

Hopefully, this is all almost over.

[JollyGG]

We are discharged!!!!!!!!!!!!!!!

[reallynervous]

Congratulations!!!

[CATCHMEIFYOUCAN]

Yeah ! ! !

Congrats ! ! !

Cmiyc