61 Days and No Discharge...Why?

[mscyg]

I'm in GA also and I filed 2/23/2009 and had my 341 meeting on 4/3. Did you file Northern GA? They seem to be running pretty close to the 60 days for discharges in GA. I am so nervous and so ready to get my discharge papers. My biggest fear is to get a notice or call from my lawyer that something has gone wrong. Hurry up 6/8!!!!

[Bell30656]

My case was Middle District of Georgia. Discharged and Closed 62 days after 341. Everything went smoothly.

[marie1260]

Please.....What is PACER

Hello,
Could someone please explain to this newbie (me) what PACER is or means?

[moneytrouble]

Can anyone post experiences about theirs being past due? How did you get it moving along? My docket report shows that I went, but the status lists "Awaiting 341 Meeting". This was 68 days ago.

[moneytrouble]

Okay. From the post, it seems Georgia is on top of things. Please no more posts about Georgia being discharged in 62 days. What about other states?

[Lajazz947]

I should have looked for this post

HHM:

My confusion is that my initial 341 was on January 12th, 2009.

As you may know it has been repeatedly continued and finally the last one
(apparently) was June 2nd.

They did not continue that one.

Now............I granted the TT an extention to file claims until June 11th.

I am very confused and my attorney really does not have an answer and does not want to call them and call attention to my case and have it scrutinized anymore than it already has been.

Is a discharge 60 days from the first 341? If so they are WAY overdue.

Is it from the last day for them to file objections? If so it will be 60 days from June 11th or is it 60 days from my LAST 341 which was June 2nd.

Did I make any sense here?

Thanks for all your helpful advice.

[moneytrouble]

I think states like California with high unemployment rates, probably have high bankruptcy rates, and things may be behind. It is 60 days from your last 341. My bankruptcy was discharged 70 days after the 341.

[HHM]

HHM:

My confusion is that my initial 341 was on January 12th, 2009.

As you may know it has been repeatedly continued and finally the last one
(apparently) was June 2nd.

They did not continue that one.

Now............I granted the TT an extention to file claims until June 11th.

I am very confused and my attorney really does not have an answer and does not want to call them and call attention to my case and have it scrutinized anymore than it already has been.

Is a discharge 60 days from the first 341? If so they are WAY overdue.

Is it from the last day for them to file objections? If so it will be 60 days from June 11th or is it 60 days from my LAST 341 which was June 2nd.

Did I make any sense here?

Thanks for all your helpful advice.

Typically, the timeline runs from the date of the "first scheduled" 341 meeting. At least, that is how the law is written. The 60 days corresponds to the objection period. You extended the objection period, so that extends your discharge.

[Horse of Course]

I took the advice from this forum and called the court today (day 74). She was so nice and helpful. There was a admin error and that was what was holding up the discharge. She fixed it while I was on the phone with her. I just checked pacer and the status has already changed. She said I should receive the discharge papers in the mail by the middle of next week!!!

[Surfside]

I filed my BQ 7-1/23/09
341 hearing-2/23/09
additional information because of presumption of abuse
cont'd to 3/24/09
5/28/09-discharged

It took 90 days for my BQ to be discharged. The trustee asked for additional documentation and signed affidavits under penalty of perjury and the presumption of abuse was removed and now we are finally discharged.

It took 90 days because of the presumption of abuse and there is a high rate of BQ's in San Diego. There are so many people filing right now.

[denisejohn65]

What happens to your condo after discharge? Not reaffirming. Will they ask you too?? Do you wait for the bank to take it back??? What please help???

[Surfside]

Denisejohn65,
Are you making payments on condo? What is included in the BQ? What did you file 13 or 7? Need more information.

[music12]

how to know when to expect it

for those wondering how long it takes for discharge in their district, i have the following pacer suggestion:

go on pacer for your district. search for all cases filed on a particular day about 4 months ago (make sure you choose a weekday that's not a holiday). specify case type (bk) and chapter (7). make sure you specify exactly one day in the date range. no need to specify a trustee. make sure to click on both open and closed cases.

then search. you'll get a list of all cases filed that day, including whether they were discharged and/or closed, and when. the list is at most 3-4 pacer pages. from the cases discharged, you can choose a couple and check their docket sheets (usually 1 pacer page each) to see when the 341 was and so calculate how many days after that the discharge happened.

that will give you a pretty good idea of what's currently going on in your district.

[HHM]

for those wondering how long it takes for discharge in their district, i have the following pacer suggestion:

go on pacer for your district. search for all cases filed on a particular day about 4 months ago (make sure you choose a weekday that's not a holiday). specify case type (bk) and chapter (7). make sure you specify exactly one day in the date range. no need to specify a trustee. make sure to click on both open and closed cases.

then search. you'll get a list of all cases filed that day, including whether they were discharged and/or closed, and when. the list is at most 3-4 pacer pages. from the cases discharged, you can choose a couple and check their docket sheets (usually 1 pacer page each) to see when the 341 was and so calculate how many days after that the discharge happened.

that will give you a pretty good idea of what's currently going on in your district.

Nice idea, but sort of expensisve. Each hit counts as a page in PACER and you are charged 8 cents per page.

[music12]

no, it's not expensive: the search itself for me was 2 pacer pages (.16). they don't charge per hit but per page (there were probably 20 cases on each page). then i checked a couple of cases to see when their 341 was (.08 per case). the entire thing totalled 32 cents.