Too many members are freaking out, checking PACER every 5 minutes, and losing sleep over the fact that they did not receive their discharge the minute the 60 day objection period expired. 
Background
Discharge is set to occur 61 days from the date of the first scheduled 341 meeting in a Chapter 7 case. The 60 days corresponds to the time frame that creditors, US Trustee, etc, have to object in your case. So that is the basic time line.
So, why might it take a "little" longer?
Some people will receive their discharge on day 61; it really depends on how efficient the court works. But, more and more, we are seeing that it takes anywhere from 2-10 days to actually have the discharge order entered in a case.
The discharge order needs to be signed by the judge (which is usually done electronically, but judges vary in their procedures) and the BK clerks do a mini-audit (to make sure all the proper paperwork has been filed by the debtor and trustee) to make sure everything is in order. This administrative delay is why the discharge might not happen on DAY 61.
All in all, this situation is only an administrative delay and nothing to be worried about.
Can the date for my discharge be extended?
Yes, but you would know if your discharge date was extended. To extend the date of discharge, a request MUST be filed with the court. Generally, the only persons with standing to extend discharge are the BK Trustee and the US Trustee. The reasons why discharge would be extended is beyond the scope of this post, but it usually has to do with investigating the debtor for abuse. In any event, to extend discharge, a request must be made to the court (and you can oppose the request), and the court must enter an order granting the request.
These factors DO NOT effect the discharge date
1. A creditor objection. When a creditor objects to discharge, they are objecting to the discharge of THEIR particular debt. Doing so has NO effect on the date of your discharge.
2. Designating your case an ASSET case. The fact that the trustee designates your case as an ASSET case has no bearing on when you receive discharge. The designation of your case as an ASSET case generally has the effect of extending the time before your case "closes", but you should still be discharged on time. See this thread http://www.bkforum.com/showthread.php?t=10879 regarding the difference between discharge and closing.
Practical Advice
Give the court 10 calender days to process your discharge from the date of the expiration of the 60 day objection period. If you haven't received your discharge by then, call the BK clerks office and inquire as to the delay, but do so nicely.
Background
Discharge is set to occur 61 days from the date of the first scheduled 341 meeting in a Chapter 7 case. The 60 days corresponds to the time frame that creditors, US Trustee, etc, have to object in your case. So that is the basic time line.
So, why might it take a "little" longer?
Some people will receive their discharge on day 61; it really depends on how efficient the court works. But, more and more, we are seeing that it takes anywhere from 2-10 days to actually have the discharge order entered in a case.
The discharge order needs to be signed by the judge (which is usually done electronically, but judges vary in their procedures) and the BK clerks do a mini-audit (to make sure all the proper paperwork has been filed by the debtor and trustee) to make sure everything is in order. This administrative delay is why the discharge might not happen on DAY 61.
All in all, this situation is only an administrative delay and nothing to be worried about.
Can the date for my discharge be extended?
Yes, but you would know if your discharge date was extended. To extend the date of discharge, a request MUST be filed with the court. Generally, the only persons with standing to extend discharge are the BK Trustee and the US Trustee. The reasons why discharge would be extended is beyond the scope of this post, but it usually has to do with investigating the debtor for abuse. In any event, to extend discharge, a request must be made to the court (and you can oppose the request), and the court must enter an order granting the request.
These factors DO NOT effect the discharge date
1. A creditor objection. When a creditor objects to discharge, they are objecting to the discharge of THEIR particular debt. Doing so has NO effect on the date of your discharge.
2. Designating your case an ASSET case. The fact that the trustee designates your case as an ASSET case has no bearing on when you receive discharge. The designation of your case as an ASSET case generally has the effect of extending the time before your case "closes", but you should still be discharged on time. See this thread http://www.bkforum.com/showthread.php?t=10879 regarding the difference between discharge and closing.
Practical Advice
Give the court 10 calender days to process your discharge from the date of the expiration of the 60 day objection period. If you haven't received your discharge by then, call the BK clerks office and inquire as to the delay, but do so nicely.
A NEW START!!!
, with no problems to report of.
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