Passed Day 60, Not Discharged Yet...

[RBisDebtFree]

Hi everyone, today was the last day for objections to discharge on my case. I assume that makes my case discharged but it's not marked as that yet. I am not asking why, I know it might take a couple of days. My attorney is on vacation for a while so I can't ask him to look into and his responsibilities ended after 341 anyways. I wanted to ask:
1) I'm in Western Washington, and it seems that discharges are automatic here -- should I expect the status to change within a day or two?
2) If it doesn't show, should I call the bankruptcy court clerk and ask about this issue?

I just wanted to make sure I get the discharge and nobody has anymore time to object or extend the discharge. So I just wanted to know how the auto-disrchage works.

Thanks!

[eddiep]

It is just a technicality at this point. If you have not had any issues before this I wouldn't worry. Mine took almost 90 days because the courts are so busy.

[RBisDebtFree]

I only had an objection to exemptions -- do you know if it's ok to call the clerk and check with him/her?

[music12]

yes to both questions

in my case, discharges in the district were happening right on day 61, but on my day 61 it was already 2pm and no discharge for me. i saw there were others with the same 341 date that were already discharged, so i called the clerk (actually, the judge's chambers) and asked, and said i'd really appreciate it and it was so important to me... she said that the clerk in charge of my case was on vacation and so she can't promise anything 'till the other clerk gets back from vacation. we hung up the phone, and at 2:10pm i was discharged. yay!

so, like i said, yes to both questions!

[aces67]

It may just take a few days to get it finalized but it's okay to call and ask.

[music12]

i didn't see that objection to exemptions... that could slow things down. did your lawyer ever respond to the objection? was it resolved?

[RBisDebtFree]

No, my lawyer never responded to it but the trustee told him it's just an objection "to keep my hand on something" -- he doesn't seem to proceed with it as he knocked off the mortgage from my house and has $600k house free and clear. I think my attorney's plan was to talk to give some time to the trustee to simply drop the objection. And if that wouldn't happen, then after discharge we could go back to trustee and ask about his objection.

However:
1) I thought that objection to exemptions is separate from the discharge -- is it not?
2) Now that 60 days since my first 341 meeting date passed, creditors can't file an objection to discharge, right? I guess not much can happen at all now.

Thanks!

[music12]

yes, i think you are right, the objection to exemption should not delay the discharge, only possibly the closing.

but, it may take you out of the automated system. just give it a few days and see.

[RBisDebtFree]

Yes -- I checked specifically that I do not have the no auto discharge flag set on my case (and it's on a list of possible flags) so that hopefully means I am an auto-discharge still.

But, like in your case, it still didn't happen because the clerk was on vacation -- so some human interaction is still required I guess??? Maybe those cases are not discharged automatically by the system, maybe the system shows to the clerk the cases are due for auto discharge and then the clerk has to sign each one off manualy. Who knows! Bankruptcy Court only opens at 8:30am PST and it's only 7am here right now so I think the clerk probably didn't even have a chance to look at my case today.

As soon as I get an update, I will post here! Thanks again!

[backtoschool]

My discharge happened 3 days after my 60 days were up. If your district is not autodischarge, then it takes a day or so for the judge to sign the discharge order and for the clerks to do an audit and update your case.

[RBisDebtFree]

I guess I might just call and ask as I thought my district is autodischarge. I really want to know that I am discharged and I only have the objection to exemptions left to deal with...

[music12]

i would not call them right when they open - give them a chance to get to it themselves. i would try after lunch, or at least wait 'till 11:30 or 12.

and yes, i also think even the "auto" has a human who does it, just like you describe.

[RBisDebtFree]

Yes, I am definitely not going to call them right at the open, I didn't make it clear, that would probably frustrate them.

Again, if I have to wait, then I'll wait few more days no problem but if they do it themselves that would be great. I guess I just need to make sure that it's just an admin delay, nothing more than that.

I'll post an update as soon as I have more info!

[backtoschool]

Yes, I am definitely not going to call them right at the open, I didn't make it clear, that would probably frustrate them.

Again, if I have to wait, then I'll wait few more days no problem but if they do it themselves that would be great. I guess I just need to make sure that it's just an admin delay, nothing more than that.

I'll post an update as soon as I have more info!

Give it two to three full days. It's just paperwork at this point for you.

[RBisDebtFree]

In fact, I just wanted to post more info: I looked up cases in my region that were filed around the same date that my case was filed and they were all discharged on day 62, as tomorrow is a Veterans Day, I will probably get my discharge on Thursday. So I guess I am only waiting for the technical part of it to go through.

Thanks!