Discharge Question: 120 Days??

[kansasgirl]

Hello everyone. Been a member for a few months & lingering reading posts, but this is the first time I have posted.

My story...
We filed CH 7 on 04/29/09 and had our 341 meeting on 05/11/09. In our state if you reaffirm items with a negative DMI (which we did) then a hearing is set w/ a judge. Our reaffirm meeting was on 07/15/09, and the judge approved the items we were reaffirming.

Well, as of today we still have not received our discharge notice (we are no asset case). So I finally gave in & signed up for Pacer - well that was no help since it indicated that we are still waiting for our 341 meeting (which we had in May). I did not want to rack up a bunch of charges on Pacer, so I decided to call our attorney & check on the status of our case.

The attorney's paralegal informed me that there is nothing to worry about & no flags or anything on our case. Just that the BK court is really backed up & have not been discharging cases until around 120 days. Now I haved heard that BK courts in other parts of the country are backed up, but there was no indication (very few people at the 341 meeting, etc..) that the KS courts were backed up, especially since everything in our case has occured so quickly.

Has anyone else heard that discharge can take 120 days, or has anyone else had this happen to them??

Just bumed out that I have to keep waiting.

[MrSmithster]

im in los angeles, ca. had my 341 on 5-17(no reaffirm). still nothing. pacer does show my 341 (entered 10 days late), no objections, "waiting discharge". as the saying goes...the waiting is the hardest part...

[music12]

you could call the clerk or judge's office ("chambers") and ask - it might bring your case to the top of the list, and they just might discharge you right away. no harm in asking.

[NoMoreCards]

It really does depend on your district. My friend in eastern Missouri just received her discharge and she was at 143 days after the 341. She also had a no asset case and had no distribution, or any other issues to work out. It was just the timing to get it completed.

Just be patient, if something bad was holding it up your attorney would have been notified.

It will come, and the hamsters are warming up for you!!

[MrSmithster]

if i did call the judges chambers( i found the number, thanks to help from this board), i can just see him saying "well aint you special, to the back of the line you go for bothering me". has anyone called the judges chambers for info? i have tried calling the court clerk, but they NEVER answer the phone, and no option to leave a message. yes, the waiting is the hardest part...

[justplaintired]

I am curious too. We are getting close to discharge date and have yet to receive our
Order in No asset papers. We had our 341 on July 22. Trustee's no distribution is the last thing showing on our case on Pacer. Our attorney tells me not to worry, we probably got lost on someone's desk! So, should we call or will that bring unwanted attention to us? Our district is dealing with tons of filings, I googled that on the web, but when is it time to worry? We have had no red flags, but not even showing our Order in No assets to distribute has me freaked out.


So would you call or just wait it out? I thought for sure this would be over soon, now I have something new to worry about!

[aljohnson007]

I called the Judge's chambers last week and the lady looked up my case and told me they were running about two weeks after the 60 days and not to worry, I would get my discharge. Thank you very much.

[kansasgirl]

Discharge Question: 120 Days??

Thanks to everyone for the replies. Good suggestion about calling the clerk's office. I'll probably give that a try if still not discharged after 120 days, since the paralegal at my attorny's office said not to worry.

[music12]

i did call the judge's chambers - it's a fancy word for an extension of the clerk's office where you can actually talk to a secretary/law clerk in charge of discharging your case. you won't be talking to a judge!

[justplaintired]

Yes and I did some searching on this forum and did see where the trustee has 30 days from the 341 to file a presumption of abuse. So basically we are probably just lost on someone's desk. Since nothing else appears after my 341 no distribution notice, I guess just riding it out for now is about all I can do.

[ForumReader]

Maybe it was mentioned somewhere from this forum and I apologize if this is a repeat, but if the 60 days has been passed and the case has not been formally discharged yet from the court, can a creditor object even after 60 days before the petitioner receives the discharge? Does anybody know if this can happen? I have heard of situations where CCs will do sneaky things to surprise the petitioners by trying to get their money back and that is what concerns me especially for petitioners who have had good faith cases with no fraudalent behavior for filing BK.

[MrSmithster]

ok, i got my discharge today. i called the court clerk this morning, and a human actually answered(shock), first time in about 10 times of trying over the last few weeks. she took my number, put my on hold, came back and said she just discharged me and i would get a letter in 3-4 days. i checked Pacer and sure enough-discharged! my 341 was on 5-12. thanks for all your help!!!

[MrSmithster]

forgot to mention, at first she asked if i had contacted my lawyer for info, when i explained i filed Pro Se, thats when she took my case number and discharged me on the spot.

[kansasgirl]

Update - Discharge Question: 120 Days??

Thanks again for all of the suggestions. Didn't need to call the court afterall - I just received my discharge this week!