I got a notice from the BK court today it doesn't add up..r/o

[aces67]

The UST withdrew his motion to dismiss on July 1. It's entered with the BK court and it's on Pacer already.

Now today I got another mailing from the BK court. It says scheduling order pertaining to motion to dismiss for abuse. It goes on to say that: On this date the Court reviewed the file in the above-referenced case. In order to facilitate the just, speedy and inexpensive disposition of this contested matter without the necessity of conducting a management conference, just cause exists for the issuance of this Scheduling Order for this CONTESTED matter.

What? This isn't contested anymore. It's dated 7/1 which is the same date that the UST withdrew his motion. My discharge should be around the 21 st of this month.

I'm assuming that this is a standard hearing that the BK court has set for us and that they don't realize this has already been settled. I mean it's already been settled right? Since the UST withdrew I thought that settled it.

If it is just a mistake on the BK court's end will my discharge still come on time or do I need to call my lawyer or the BK clerk about it on Monday?

[JRScott]

Most likely it was mailed before the motion was dropped.

However on Monday I could call the lawyer and mention the letter. See what he has to say about it. Then you could call the clerk and mention you noticed on PACER that the motion had been dropped but you got the letter and are wondering what is up.

[music12]

once the clerk realizes the motion was dropped, they should cancel the scheduling order - there is nothing to schedule!

[aces67]

I looked again and where the motion was initially entered it says this instead
*** Motion withdrawn by UST on 7/1/09***

It's in huge big, bold red caps like it's a reminder for the clerk. I guess it got overlooked anyway though. It's actually kind of funny. When you scan through the titles of all our documents that one really stands out.

I'll give them a call Monday morning. I can't wait for my discharge and I'm hoping it will come before August.

[AngelinaCatHub]

Yes it just crossed in timing. Your discharge should not be affected in any way. It is like on a time clock unless you are found to become an asset case. Then 30 more days are added on. You will be O.K. 'Hub

[music12]

'Hub, how long is it after the 341 that they have to tell you if you are an asset case? can they do that on day 60?