ARGHHHH! How long before discharge?

[Debbie2]

I filed Ch.7 - October 17, 2008

341 Meeting - November 19, 2008

How long before discharge?

Thx in advance Guys...

[itsladyliberty]

http://www.bkforum.com/showthread.php?t=18542

[B65]

did you check pacer

?

[JRScott]

In normal circumstances discharge is 60 days after the 341. However most of the BK courts are overloaded and it is taking as long as 90 days in some cases depending where you are.

Keep in mind your case will not be closed (which is different than discharge) probably until after your tax return.

[soleprop]

yeah throw the holidays into the mix too. sounds like a long wait...better go make some popcorn!

[Flameout]

6/18/2008 341 meeting

10/20/2008 discharged chapter 7

has not closed ????

[laurannm]

6/18/2008 341 meeting

10/20/2008 discharged chapter 7

has not closed ????

Are you an asset case?

Your trustee might also be holding up closing until they see what you are receiving for a tax refund

[JRScott]

6/18/2008 341 meeting

10/20/2008 discharged chapter 7

has not closed ????

most likely waiting on your tax return unless you were already an asset case and asset cases to close can take worst case scenario a year or more, but discharge is what's important to you.

[Flameout]

Yes, I am an asset case. If the Trustee is lucky he can sell my assets and maybe make $1500.00 to $2000 at best. I have not even started my taxes for this year, but if he is waiting on my tax refund, he is going to be very disapointed.

[mikeymae]

Hi, I am new to the forum and I am just wondering what an ASSET CASE and NON-ASSET CASE is?

[Tbornetun]

An asset case means that youhave some assets that you cannot exempt which the trustee can sell or take to pay creditors. No asset, means you don't.

[mikeymae]

An asset case means that youhave some assets that you cannot exempt which the trustee can sell or take to pay creditors. No asset, means you don't.

oh thanks...we don't have asset that is not covered by the exemption so I guess we are considered no asset case then.

[AngelinaCat]

An asset case means that youhave some assets that you cannot exempt which the trustee can sell or take to pay creditors. No asset, means you don't.

The trustee can also elect to offer you a buy-back plan in which you buy your own stuff back from the BK estate. That is what we are doing. We should be through with that on April 1, and after all the paperwork is over, our case should be closed. We were discharged on aug. 13, 2008.

[AngelinaCat]

To the OP:

We filed Ch7 on 12/28/2007 and had our 341 on 2/7/2008. Mid-March we were ruled an ASSET Case because of too much non-exempt stuff--which pushed our original 60 day limit from mid April to June 12. After another couple of months of wondering why we had not been discharged, we called the courthouse and talked to our BK caseworker. The reason for the delay in our case was that a copy of our Marriage License was NOT in our file. Once we got that in, we were discharged.

Note: we had a copy with us at our 341 to give to the trustee who said that he didn't need it.

If your case drags on much further, call your caseworker and talk to him or her. Your BK court's website should have a list of the caseworkers along with the telephone numbers and the range of case numbers that each person handles.

Good luck!