341 on 12-12, NOW DISCHARGED???

[MrSmithster]

Hi, Happy New Year to all. Hey, my sister filed a Pro Se no asset 7, had her 341 DEC 12, 09, she just received her discharge in the mail last week. I filed Pro Se in April 09, took me over 120 days after my 341 to get a discharge, and i had to call to get it. I didnt mind my wait, but I question the validity of her discharge as it has been only 3 weeks since her 341 meeting. Any thoughts? Has anyone else had this experience? We are in the Los Angeles area. Thanks

[MrSmithster]

FYI, her discharge paper was mailed, and it shows on Pacer also

[HHM]

Not sure. It is probably fine. Maybe her 341 was continued from the original date.

[music12]

well, the discharge is a court order. even if entered by mistake, it is valid until somebody objects. that is, if some creditor wants to object within the 60 days, they still can, and an erroneous discharge order would not stop them.

[AngelinaCatHub]

well, the discharge is a court order. even if entered by mistake, it is valid until somebody objects. that is, if some creditor wants to object within the 60 days, they still can, and an erroneous discharge order would not stop them.

I agree. If anyone objects the Court would have to 'set aside' that discharge. It sure looks like a sloppy paper shuttle to me, but as busy and BK Court is becoming, more of these could happen. Best to get a discharge erroneously, than a dismiss. 'Hub

[SPalin]

When I had my 341 on 12/10, I told my attorney now I'm in the 60 day club for discharge... she informed me that for the Eastern District of California it is usually 2-3 weeks after last day for Objections (my original date was 2/8/2010 and the day after the 341 it was changed to 1/11/2010?). I had a coworker file a Ch 7 in the same court and was discharged after 6 weeks from her 341 meeting.... at least that is what is happening here in Central California? Nether one of us had our 341's continued, so there was only the orginal 341 meeting. strange!

[justbroke]

For what it's worth... a discharge cannot be entered until the last day for objections has passed. By both the law (11 USC) and Federal Rules of Bankrupcy Procedure, the last day for objections is set at 60 days following the first scheduled 341 Meeting of Creditors.

The day that you "actually" receive your discharge is always after the last scheduled day for objections (known as the Dischargeability bar date). If you accidentally receive a discharge prior to that date, a party in interest may file a Motion to Vacate the Order. Sometimes, the Court (Clerk) will Vacate the order sua sponte (on it's own accord) when it sees the error.

[jribe]

i'm in CA as well- and had received an "order fixing deadline" notifying creditors of a new date; 12/25 as an earlier discharge.
Mine hasn't happened yet- but i still had to file my last education course.

I'm hoping to see something this week.

SPalin has an earlier deadline as well and said the same thing happened to her co-worker.

Must be something going on in CA?

Hi, Happy New Year to all. Hey, my sister filed a Pro Se no asset 7, had her 341 DEC 12, 09, she just received her discharge in the mail last week. I filed Pro Se in April 09, took me over 120 days after my 341 to get a discharge, and i had to call to get it. I didnt mind my wait, but I question the validity of her discharge as it has been only 3 weeks since her 341 meeting. Any thoughts? Has anyone else had this experience? We are in the Los Angeles area. Thanks

[SPalin]

I do believe it must be California thing... oh well, will let everyone know if it does discharge in 45 days after my 341 meeting.

[justbroke]

Strange indeed.