Were you discharged at 60 days?

[MomIcantFindmy]

We are approaching the 60 day mark of our bankruptcy and I am wondering with the influx of new bankruptcies if they are discharging on time at the 60 day mark, or close to?

Our bankruptcy has been pretty uneventful so far. I am hoping for the same ending. If we do not hear anything after 60 days would it be appropriate to call our attorney and ask?

Also, did anyone get any unusual requests from the trustee near the end of their 60 days?

[Help!]

We're on day 54, so I'll let you know soon. Southernbelle's trustee threw in a home appraisal at the last minute... can't wait to see what pops up at the last minute in our case. Ugh.

[JRScott]

I was but I"m a no asset case.

[Cassiopeia]

I was but I"m a no asset case.

Ditto here.

[southernbelle]

I was getting cozy with the notion that since I didn't hear anything unusual from the UST or local Trustee, everything was fine, but read what happened to me.

http://www.bkforum.com/showthread.php?t=26013

I'm an asset case so don't use what happened to me as a typical example of what everyone should expect, but just be warned that after the 60 days, the discharge isn't guaranteed and the Trustee can still go "fishing" for assets to liquidate if there might be something. At this point, I won't feel comfortable until I see Discharged next to my name.

In my case at day 63 past the 341, I think she's just trying to make sure she didn't miss anything worth liquidating because I had the misfortune of getting the most thorough trustee in my district.

On the bright side, I didn't have any of my many creditors object so I guess it could be worse, but I just wished this would have happened when I expected it right after filing.

Good luck.

[sunshine mary]

I think if your no asset 60 days is about right. I am in the same district as others here who have gotten their's on day 61 and I am day 63 and still no word on anything ! I know I will be an asset case but when ???

[MomIcantFindmy]

I am an asset case. My info on pacer says that the assets will be administered on September 5th. However, it also says that creditors have 60 days from 341 to object to discharge which is the end of July. I am so confused. Why does becoming an asset case hold up your discharge?

[AngelinaCat]

Mom, it's because if you have any assets, the Trustee can choose to sell them to pay your creditors. In our case, the Trustee offered us the chance to pay a monthly payment in order to buy our stuff back. We will be making payments until April of next year. I don't expect to see 'Discharged' next to our names until after that.

There is not a whole lot that is worth any large monetary amount, but together it was non-exempt. Some of it is family heirlooms and we want to keep those.

Also we get to buy our Electric Company deposit back from the BK estate. Why is the deposit considered an 'asset'? It was a penalty we had to pay in order to keep the lights on. Nor do we understand why 'Hub's computers, that he uses when he gets computer consulting work, are NOT considered 'tools of the trade'.

We have not been able to get satisfactory answers to those questions thus far. We hope that when we finally get to shed our worse than useless attorney on Aug. 6, that we will be able to get those answers.

[sunshine mary]

I should add my attorney told me you will get discharged even before your asset case closes and the discharge is the main thing.

Mom, where exactly on Pacer does it say that you are asset? I have looked everywhere and I can't find anything ???

[MomIcantFindmy]

Thank you all. I think I should call my attorney or send an email asking if it will hold up discharge. We were offered the opportunity to buy back the asset however we had tried to sell it for pennies for about 4 years and were unable. When the trustee wanted to have it I almost laughed.....yep, sure, it is all yours....and all the recurring fees that go with it...best of luck. I really hope the trustee can sell it as I truly do not want it back...

[jmk424]

I was not discharged at 60 days; it was 89 days. I am in SE Indiana and I checked with my attorney around 78 days and he said that they are just slow because of all of the cases. At that time none of the cases that he had filed in March had been discharged. Hopefully it will not be that long for you!!

[AngelinaCatHub]

I should add my attorney told me you will get discharged even before your asset case closes and the discharge is the main thing.

Mom, where exactly on Pacer does it say that you are asset? I have looked everywhere and I can't find anything ???

Sunshine, I am sure you know where the History link it. At the top, it lists your case number and other stuff. Among this is ASSET: yes if you are an asset case. We are. I assume if you are not, it will say no. 'Hub

[southernbelle]

Mom, it's because if you have any assets, the Trustee can choose to sell them to pay your creditors. In our case, the Trustee offered us the chance to pay a monthly payment in order to buy our stuff back. We will be making payments until April of next year. I don't expect to see 'Discharged' next to our names until after that.

I'm in the same situation as you guys are. I'm paying for items that are (in my opinion) not worth it, but to keep from getting hassled, I'm paying for them. I guess I was under the impression that I could get the discharge because if I'm an asset case, the case still stays open but the discharge could still happen if there are no complications or objections.

WOW!!! I had no idea my discharge would be held up until I finish making the last couple of payments to the Trustee. I should just stop checking PACER because the last payment won't happen until 2 months from now.

[sunshine mary]

Thanks Hub mine still says no asset , go figure !! I wonder is there a time limit for determining asset/no asset??

Belle, I am pretty sure you will still get a discharge even when the case remains open.

[AngelinaCat]

WOW!!! I had no idea my discharge would be held up until I finish making the last couple of payments to the Trustee. I should just stop checking PACER because the last payment won't happen until 2 months from now.

I'm not 100% sure that that is the case, but we are well over six months past our 341, and 'Discharge' has yet to happen. Our original Last Date For Objections was April 2, then when we were determined to be an Asset case, our Last Day was June 12. It is now almost a month past that date. I can't think of any other reason why. It seems more like we are some kind of bastard 1/2 C7 and 1/2 C13.