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    If no objection was filed...

    does that mean the debt was discharged?

    We're due to be discharged tomorrow (finally). I owed a 9 yr old debt to the State of Indiana for an over-payment of government benefits (food stamps); in which I included in our BK filing. I've been reading online and found information from the State pertaining to over payment of benefits and filing of BK, etc. There was no judgment or civil suit... just simply a determination of an over payment of benefits. As far as I can remember there also was no determination of fraud (I signed an agreement to repay the amount of over payment but don't remember anything about admitting to fraud).

    Anyway, from what I've found here http://www.in.gov/fssa/files/4600.pdf the State would had to have filed an objection or atleast a complaint to determine dischargeability. I've also read that a lot of non-dischargeable debts are able to be discharged so long as there is no objection filed. Is this correct?

    I'm just trying to get this sorted out before tax time because the Tax Off Set department is still showing that this debt is owed, which means they will take my part of our Fed. tax refund this year (or atleast attempt to as they have done in yrs past).

    Is there a way to determine just by looking at our discharge papers if this debt has been discharged?

    TIA!
    Filed 8/2009
    Discharged & Closed 11/2009
    Now the rebuilding begins....

    #2
    based on the link you provided, indeed as long as they did not file an objection, that debt is discharged. it also sounds like they wouldn't file one unless they had a really good reason, which they probably don't. if tomorrow is the 60th day, they could still file an objection tomorrow, so just keep your fingers crossed...

    and no, the discharge papers themselves won't give you any hint as to which debts got discharged!
    filed ch7 May 09
    341 june 09
    discharged, closed Aug 09

    Comment


      #3
      thx music

      Actually, our creditors had to object by Oct.12th. Our attorney asked for a 30day extension so that he could take care of a lien against our home; otherwise we would have been officially discharged over a month ago
      Ofcourse the creditor that had the lien had so many days to object to the lien stripping, but that was it. So for all other purposes, our creditors day to object came and went last month
      Filed 8/2009
      Discharged & Closed 11/2009
      Now the rebuilding begins....

      Comment


        #4
        oh! then i think you are fine. did your lawyer also agree?
        filed ch7 May 09
        341 june 09
        discharged, closed Aug 09

        Comment

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