Past 60 days of 341 have question

[mindy0795]

We filed chapter 7 on February 12, 2009 and had our 341 meeting on March 26, 2009. The trustee said he would recommend us for discharge. We are over the 60 day mark actually at day 62 and nothing updated yet on pacer so.... I called my attorney to find out if he knew anything he said could take 1 to 2 months to be discharged from the date of 341. I live in western pa and was wondering if anyone else had heard of this. My attorney hasn't been so helpful through this whole ordeal.

[justbroke]

It takes 60 days from the first scheduled 341 Meeting. Perhaps he meant that it would take up to 2 months after that date (the 60 days after)?

Anyhow, some Districts are backed up. You should always call the clerk of the court and ask why it hasn't auto-discharged yet? I assume that you did you 2nd debtor education class and that was filed with the court... and the Trustee report of no distribution was also filed?

[mindy0795]

We are already past the 60 days of the meeting of creditors which was held on March 26. I called the attorney today and he told me even though we are past the 60 days from meeting of creditors it can still take up to 1 to 2 months. I asked the paralegal at the attorney's office if they have a way of checking on it and she said flat out "no". We are in a bit of a bind and husband needs oral surgery asap and we have a chance to sell one of our exempt assets a 1978 boat that is worth no more than $500.00. The person who wants to buy it said he would wait until June 8 and if we won't transfer the registration to it he will buy something else. So we have been waiting to see if this would be discharged and closed prior to selling. I was told that it takes 30 days for a boat registration to show up but I just don't know what to do. We were way under the median income but the attorney does not want to file a motion to sell this... he is basically lazy and I would never recommend him to anyone.

[justbroke]

He's right. Some Districts are backed up and he would certainly know better than I do sitting here in sunny Florida. You could try calling the Clerk of the Court. You never know what you may find out.

[willowhare]

I had my 341 on the same day and was discharged on May 29. There may simply be a back up at your court. With so many people filing, many courts are becoming slow to update statuses.

Call the clerk of the court and ask for an ETA for your discharge. Ask them is there is any legal reason why you have not been discharged yet.

And there is a way you can check on things yourself. Get a PACER account and take a look at the status of the case whenever you want. That's how I found out about my discharge.