when is it really over?

[neveragain09]

Please advise, once the discharge is in place, but your case hasn't been closed yet. Are you free to go about your life? I don't want to still be scared we will do something wrong and have to deal with this all again. What if due to moving, higher expenses, baby on the way, etc, etc, etc. . . . we have to have a career change from what we were doing before to try and earn more money? Our schedule J was -$1,500, which helps to understand how we got in this position in the first place. Does the trustee want to see your taxes from this year in 2010 and say, "wait you got a raise or changed jobs and earned more money, let's reopen your case and you can do a 13 now"? Or the US Trustee keeps tabs on you somehow? Am I being overly paranoid? I want to try and make our life better, but I don't want to do anything at all wrong that would bring us back to dealing with the nightmare we have been through. It has taken its toll on us.

[AngelinaCat]

The DISCHARGE date is the one you need to be concerned with. That is when your discharged debts are gone and are over. When some creditor comes sneaking along and tries to get you to pay your discharged debt, all you need to do is mail them a copy of their statement, your discharge order and a note with the fact that THEY are breaking the law.

Close is when all the behind-the-scenes-administrative details have been taken care of. In many cases, CLOSE comes the same day, if not shortly after, so go and live your lives. Just take to heart the lessons of your 'New Start' and stay off the credit card 'nipple'. It is a costly milk.

[AngelinaCatHub]

neveragain09;

Yeppers, you are overly paranoid. As Mrs. stated, just stay the course, you are done. 'Hub

[neveragain09]

Thanks Angelinacat. We are a no asset case. We have been through the wringer and lost our home and basically everything we had. It has been a really rough time for us.
It looks like in my district they don't close the cases until the next year from what I can see on pacer. Maybe to look at tax refunds?
Anyway, as far as the TT or UST, do they review your case again after discharge? Life is everchanging and if your life circumstances change, new job or career, baby on the way, etc, but you are making more money, are you able to do this after discharge without causing problems for yourself?

[AngelinaCatHub]

I am sure you have been through just about what everybody here has. That being said, if you wish to stay in a state of discomfort, even with this resource available with many, many, people who have been where you are at, and you wish to continue to believe that whatever may come upon you, then, that is your choice.

This is an unnecessary worry on your part, but it is your choice. If you wish to be concerned about what has not happened, you are choosing to make your own issue, out of things that do not yet exist, and probably will not come to pass. I wish you good luck. 'Hub

[neveragain09]

Thank you for the input. I don't want to come across as trying to create problems for myself or worrying over nothing. This whole process has just been nerve wracking and I want to be sure I am informed and not missing something and make a mistake that causes us to have to deal with this situation again. Our attorney hasn't been the best to work with, so I kind of feel like we are dealing with this on our own (except for the great advice on this forum).
So, once the discharge is in place, we are free to live our lives, change careers that may pay more money, etc? I have worked in real estate and have not done well over the past year and need to make a change, but again don't want to do anything that would jeopordize our discharge.
When people do the happy dance on here for the discharge it is because it really is over?
Another concern is on pacer in my district I haven't seen barely any cases closed, even from last year or the year before. Why would they leave the cases with status "Awaiting closing". Does that affect anything with being done with this all?
There seems to be some people on this forum that talk about the TT or UST can come back even after discharge. So I guess I really don't understand what does discharge provide for you legally and when is it really over?
Sorry for all of my questions and concerns. Thank you for the input and advice.

[Humonese]

My 60 days was August 31 and according to the bk clerk it's ready for discharge...except Chrysler filed a request for waiver of automatic stay on day 46 and got a hearing on Sept. 14. (They want my...er, their minivan back and they can HAVE IT!)

According to the bk clerk, they can't do anything while that request is out there, and still can't do anything until a 10 day appeal window closes after the hearing. I'm stuck sweating a discharge until near the 90 day point....at least you're in Discharge!

[ForumReader]

My 60 days was August 31 and according to the bk clerk it's ready for discharge...except Chrysler filed a request for waiver of automatic stay on day 46 and got a hearing on Sept. 14. (They want my...er, their minivan back and they can HAVE IT!)

According to the bk clerk, they can't do anything while that request is out there, and still can't do anything until a 10 day appeal window closes after the hearing. I'm stuck sweating a discharge until near the 90 day point....at least you're in Discharge!

When you filed for BK, were you originally going to keep your minivan?

[Humonese]

When you filed for BK, were you originally going to keep your minivan?

I planned to keep it and ridethrough but Chrysler pissed me off with the filing, and when we took a hard look at it, it made more sense to let it go ($550/mo) and get something cheaper.

Sorry to derail the thread.