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DISCHARGED!!! ???????????? Maybe
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Panicking now after reading this. My 341 is wednesday. OMG! I have no idea how complicated your case was. All I can think is:: so many months, so many nervous breakdowns.
My case should not be extended, I have no assets, just disachargeable debt but geesh, who knows. I guess anything and everything can happen. I am so sorry that you went through that terrible ordeal.
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Originally posted by hopingforsanity View PostPanicking now after reading this. My 341 is wednesday. OMG! I have no idea how complicated your case was. All I can think is:: so many months, so many nervous breakdowns.
My case should not be extended, I have no assets, just disachargeable debt but geesh, who knows. I guess anything and everything can happen. I am so sorry that you went through that terrible ordeal.
Educating yourself as you are by reading this wonderful forum, and hopefully having GOOD attorney advice, you are preparing yourself. Trust me, when you go for your 341, you WILL be better prepared than most.
Good luck. I will check on you tomorrow."To go bravely forward is to invite a miracle."
"Worry is the darkroom where negatives are formed."
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Originally posted by Flameout View PostMy Question is this, Has anyone ever heard of a BK Judge going back and rescinding a Discharge for any reason? I believe that the Trustee messed up and did not ask for an Extension of time to Object to a Discharge. The Extend time to Object to the Discharge was 10/17/2008. If the Trustee missed the deadline to file the paperwork, is he just out of luck?????????
Was there ever an Order on the Motion to Extend? Do those Motions to Extend have "Closed:" dates with them? Does the 2004 Examination entry have a "Closed:" date on it?
Looks like someone was ignoring the Trustees motions.Last edited by justbroke; 10-20-2008, 07:51 PM.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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My home is worth about $350,000 and paid for and my pension is around $450,000. I had about $170,000 in debt from a small business. My attorney said that he believes that the trustee would really like to be able to tap into these equities but they are both exempt under Texas Exemptions. The only way to get at any of this money is for the trustee to be able to prove that I used money to pay off my home and fund my pension that should have and could have helped pay some of this debt. My home has been paid for since 1995 and my pension is a municipal pension that I have to pay into every paycheck for the last 36 years. None of my debt was used to fund either of these exempt assets. Because the trustee is unable to get his hands on any of these, I believe he is just trying to make my life miserable.
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You can be discharged and still have some clean up afterwards. We were discharged but after our 2004(b) a motion of compromise was sent in and approved. (inside payment). So basically we were discharged even with open issues. 'HubIf I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.
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I note the last thing before the Discharge was Trustee's Notice. He then would have to make a Motion to appoint attorney, then a Motion to examine. I think you squeeked by. At this time, I don't know if you need to show up or not. I would hate to "kick a sleeping dog" on this if they actually forget as the Trustee could possibly make a Motion to set aside your discharge and keep grinding at you. He may have gotten this in late and I note he also extended time three times. The Judge may have said 'enough is enough', and gave you a pass. Keep us posted. 'HubIf I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.
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