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    Discharge

    I have a question, we filed our Chapter 7 on March 25th and had our Creditors meeting on May 14th. I received an e-mail from our attny on June 23rd telling us we never re-affirmed our car. She sent us the re-affirmation agreement to sign and then had us send it to the creditors attny. I sent the re-affirmation to the attny overnight mail, because they were going in to see the bk judge on June 26th to have the stay removed from our case. I received a Notice of Motion stating that on June 29th we entered into a reaffirmation agreement. So I know they accepted it. I checked on Pacer and it shows our original filling date of March 25th and then again July 27th, I am assuming this was for the reaffirmation agreement. So should I expect a discharge 60 days from July 27th? I tried calling my attny, but she never calls us back. Thanks for any help you may have.

    #2
    Your discharge date is from the filing date, unless there were delays that caused your case to be continued. Sounds like this hasn't happened to you, so you shouldn't be concerned.
    Bankruptcy History:
    Chapter 7 filed - 10/12/2005 - Asset
    Discharged - 02/16/2006
    Case Closed - 11/08/2007

    A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

    All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

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      #3
      Thank you for the response.

      Comment


        #4
        You may have been looking at date of last filing. That's different from your filing date. Your discharge is still 60 days from your 341.
        4/09 Converted to a Ch 7 due to loss in dh's income
        5/09 UST now involved no idea what happens next
        7/09 UST has decided to withdraw his motion to dismiss!
        7/27/09 DISCHARGED!!!

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          #5
          Checked Pacer today and it still says "awaiting discharge". Getting a little discouraged.

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            #6
            Did you do the 2nd course?
            7-2-2009 Filed
            8-28-09 341 Concluded, no assets
            10-28-09 DISCHARGED/CLOSED!!!!

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              #7
              Yes, I did both courses.

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                #8
                it's quite a while beyond your 60 days. i would call the bk court clerk and ask when you could expect your discharge. then you'll have more info. they might discharge you right there and then while you are on the phone...
                filed ch7 May 09
                341 june 09
                discharged, closed Aug 09

                Comment


                  #9
                  Okay, thanks for the info.

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                    #10
                    Originally posted by music12 View Post
                    it's quite a while beyond your 60 days. i would call the bk court clerk and ask when you could expect your discharge. then you'll have more info. they might discharge you right there and then while you are on the phone...
                    This is what we did. We should have been discharged the middle of June 2008. As time dragged on, we got concerned. The attorney was 'missing in action' as usual. So when August arrived, 'Hub called the clerk of the BK Court and talked to our case worker. He was told that all that was lacking was a copy of our marriage license for the file. (We had a copy of it with us at our 341 as per the trutee's instructions, but when we tried to give it to him he said he didn't need it... )

                    So we faxed it, and with 'Hub on the phone with the caseworker--once she confirmed that she had it, she discharged us right then and there.

                    Good luck.
                    "To go bravely forward is to invite a miracle."

                    "Worry is the darkroom where negatives are formed."

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                      #11
                      Thank you. Such a simple thing to hold up ones discharge. I'll call the BK clerk tomorrow. Thanks everyone for answering my post. I appreciate it.

                      Comment


                        #12
                        Okay, I recieved an e-mail from our Attny. on Sat. She said the BK Judge wants to meet us because he is having a problem approving our Reaffirmation with our car. My attny. said we need to make the Judge understand that we can make the payments without undue hardship. We have 5 payments left. Car originally cost $36,000 and we only owe $4,800. But husband got hurt at work and work comp, denied his claim so its going to trial this week. I just hope the Judge gives us a break and lets us keep the car.

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