Discharge Letter when, in a chapter 7 asset Case!

[Motherof6]

Hi, My husband and I filed chap 7 Bk on January 18, 2005. We where told that our BK was to be discharged on April 19, 2005, and got our letter in January stateing that. At the time of filing we where unaware that our tax refunds where considered an asset as we had a return of $3700 under child tax credit. Our attorney didn't mention that it was considered an asset and that our trustee would request it. My goodness attorneys think that you know it all when you file! Anyways, this is why we are an asset case now. My question is this. Our discharge date was on April 19, 2004 we have not heard a word, nor do we have papers stating a discharge. When will we receive it? I have heard many rumors. One from my attorney that a discharge is simple that a discharge no matter if it is an asset or not. One of my lenders that we carried through states that as of the 21 of April PACER still reports an open BK. My attorney states that it takes approx. 10 to get a letter is this true? How long did it take others to get there papers? Any help that you can be would be great. I'm not to sure if filing BK was such a wise idea! But it sure is nice to be able to answer the phone and go to the mail box again! Thanks

[EdytaHome]

Did the trustee find out about your tax return and I assume you didn't list it in your bk? Look at Pacer, if the trustee filed an objection to get your refund or to change your case to an asset case it would certaily state it in the system. For example, my case was filed as a no asset case shortly after my creditor's meeting by the trustee. My paperwork stated that the last date to objection of discharge was April 28th, I got my discharge papers in the mail April 26th.
Good luck, I can't stress enough, if you want to know the status of your case, log on to Pacer, don't bother your lawyer, he won't know anything anyway.