I'm Finally Discharged!!!!!!!!!

[southernbelle]

I've been avoiding PACER like the plague because I didn't want to get continuously disappointed by the "Awaiting Discharge" status, but finally today I checked and found this:

United States Bankruptcy Court
Chapter 7
Employer Tax ID / Other nos.:
DISCHARGE OF DEBTOR
It appearing that the debtor is entitled to a discharge,
IT IS ORDERED:
The debtor is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code).
BY THE COURT
Dated: 7/10/08

Turns out I received my discharge 2 days after the meeting with the realtor. I'm glad you guys were there to help encourage me to continue to fight and not to give up.

I want to cry I'm so happy and can honestly say that without you guys, I would not have been able to make it this far. I still have taxes to deal with, but at least the hard part is over and done. After meeting with several attorneys that wanted to push me into a Chapter 13 because of my income alone, I'm happy I found this forum which gave me additional information so that I could find one that took the time to listen to me and wasn't afraid to file a non-consumer Chapter 7.

FROM THE BOTTOM OF MY HEART, THANK YOU ALL FOR HELPING ME!!!!

P.S. Don't think I'm going away either, I love you guys.

[Brookamy]

Congrats!! I'm trying to come up with the attorney fees so I can for chapter 7.

[samantha625]

southernbelle-
Congrats on your discharge! I'm still new but have read some of your posts....
You must be so excited! Go do something (inexpensive, lol!) to celebrate, and
enjoy the relief that you deserve!

[Help!]

CONGRATULATIONS!!!!! I am soooo happy for you!!!

[fltoo]

You are a trooper.

[southernbelle]

Thanks guys. Tonight I plan to rent a cheap movie with a big bowl of generic popcorn. LOL

[biotechsolution]

congrats southernbelle.

You should contact the insolvency group at the IRS and get them to
list to your what taxes they considered 'discharged'. If they filed a
proof of claim, hold them to what they listed on your proof of claim.

This way is the best to determine what they consider discharged.

Normally you would have to file an adversary proceeding to determine dischargeability of taxes and since you didn't file one during the bk you
would have to reopen the bk to have the court decide what is actually
discharged.

The adversary proceeding usually only arises if there are disagreements
has to what is discharged and what is not.

One more note. You cannot open a installment agreement or OIC until the insolvency group closes your bk. Another reason to stay on top of them.

Congrats again.

[danaf]

horaaaaay! Go and celebrate!

[JRScott]

Congrats

[PoorGrammyinBK7]

I am so happy for you Southern Belle! Thank you for sharing.

I am in a similar situation with a non-consumer chapter7 - hope it goes smoothly. We filed Thursday.

Enjoy that movie and popcorn!!

[southernbelle]

congrats southernbelle.

You should contact the insolvency group at the IRS and get them to
list to your what taxes they considered 'discharged'. If they filed a
proof of claim, hold them to what they listed on your proof of claim.

This way is the best to determine what they consider discharged.

Normally you would have to file an adversary proceeding to determine dischargeability of taxes and since you didn't file one during the bk you
would have to reopen the bk to have the court decide what is actually
discharged.

The adversary proceeding usually only arises if there are disagreements
has to what is discharged and what is not.

One more note. You cannot open a installment agreement or OIC until the insolvency group closes your bk. Another reason to stay on top of them.

Congrats again.

Thank you biotech. I will write them a letter tomorrow that requests the amount of taxes discharged. I kept a copy of the claim they filed as well which I will definitely hold them to. Also, do I have to wait until my case is completely closed to deal with them (do they close my case after my case is closed or do they have their own criteria), and also does that mean they can't start collection actions until my case is closed?

Also, the local taxing authority didn't file a claim yet (they have until November and are notoriously slow), but if they don't file one how do I determine what is dischargeable if anything? Thanks again.

[Cali]

Congrats Belle, I am very happy for you!!

[southernbelle]

I am so happy for you Southern Belle! Thank you for sharing.

I am in a similar situation with a non-consumer chapter7 - hope it goes smoothly. We filed Thursday.

Enjoy that movie and popcorn!!

I was extremely skeptical at first because local attys here aren't familiar with a non-consumer chapter 7 and most didn't even want to try, but everything went pretty smooth given the fact that my trustee was really tough. I think the only hiccup was the appraisal at day 63, but I knew my money pit wasn't worth anything, but it was still scary.

I now wonder if the trustee will send me a letter to tell me if she wants the equipment because that's the only thing left unresolved at this point. In a way I hope they take it, because if they don't I'll have to deal with it, but I know of some great charities in my area that would love to have it and I'm looking forward to not having to pay storage fees any longer.

I'm also wondering if she didn't ask for it before discharging me if that means she doesn't want it. I might send an email to my atty to ask just in case because I could sure use that extra $120 per month.

My life is like a soap opera Grammy, if I can make it you'll sail through.

[biotechsolution]

Thank you biotech. I will write them a letter tomorrow that requests the amount of taxes discharged. I kept a copy of the claim they filed as well which I will definitely hold them to. Also, do I have to wait until my case is completely closed to deal with them (do they close my case after my case is closed or do they have their own criteria), and also does that mean they can't start collection actions until my case is closed?

Also, the local taxing authority didn't file a claim yet (they have until November and are notoriously slow), but if they don't file one how do I determine what is dischargeable if anything? Thanks again.

local tax should follow the same discharge has federal. you should give
them a call and let them now that you are discharged. When taxing
authorities don't file claims, it's usually 2 reasons. One it's a no-asset case
and there wouldn't be anything to share (in these cases it's usually good to
ask the bk court what is discharged by filing a determination of discharge) or
in an asset case they believe nothing is dischargeable so everything passes
through the bk unaffected.

[Frogge]

WOOHOOO!!!!!! Congrats!!