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One Last Hurdle to Clear ... Questions

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    One Last Hurdle to Clear ... Questions

    At this point, I'm almost a week beyond the 60-day window for objections. PACER hasn't been updated to verify the objection deadline, but I believe if there were going to be creditor objections they would have been filed by now.

    So, I think I'm almost home. Early on in my filing, though, I received a document from the BK court stating that I must attend the BK hearing in order to obtain a discharge. I felt this was kind of odd for a CH7 bk, but I assume it's because I was a pro se filer.

    I wonder if any other CH7 filers on the forum have attended the actual BK hearing in front of the judge? Is it anything similar to the 341 meeting? Will I be questioned in the same manner? Or is it merely a formality before obtaining a discharge?

    Thanks for any advise you can provide!
    09/28/2009: Filed Chapter 7 (Pro Se)
    10/27/2009: 341 Meeting of Creditors
    12/28/2009: Last Day for Objections
    01/22/2010: DISCHARGED

    #2
    If you are reaffirming any debt and are pro se then yes it is normal to appear before the judge.

    I can't say how those meetings are never been in one
    May 31st, 2007: Petition Filed by my lawyer
    July 2nd, 2007: 341 Meeting Held
    September 4th, 2007: Discharged and Closed.

    Comment


      #3
      Originally posted by JRScott View Post
      If you are reaffirming any debt and are pro se then yes it is normal to appear before the judge.

      I can't say how those meetings are never been in one
      No, not reaffirming anything. That's why I thought it odd. And I don't have a clue what to expect. There is a wealth of information here and across the internet on the 341 process, but almost zilch on the discharge hearing.
      09/28/2009: Filed Chapter 7 (Pro Se)
      10/27/2009: 341 Meeting of Creditors
      12/28/2009: Last Day for Objections
      01/22/2010: DISCHARGED

      Comment


        #4
        I never heard of a discharge hearing as we don't have them in our district. However, I have noticed that there does seem to be enough variation among the districts that it is possible that is one of your district requirements. Where are you?
        Filed CH 7 9/30/2008
        Discharged Jan 5, 2009! Closed Jan 18, 2009

        I am not an attorney. None of my advice is legal advice in any way..

        Comment


          #5
          I'm sure you're right about it being a district requirement. The discharge hearing is listed on the docket and, as I mentioned, I received official notice from the court that I had to attend to obtain a discharge. I think it's customary for only the filer's attorney to attend. Since I don't have an attorney, I guess it falls to me. I just wish I had clue as to what to expect from the judge. I hate walking into any situation unprepared.
          09/28/2009: Filed Chapter 7 (Pro Se)
          10/27/2009: 341 Meeting of Creditors
          12/28/2009: Last Day for Objections
          01/22/2010: DISCHARGED

          Comment


            #6
            I would call the bk clerk and ask what this is all about. I filed pro se and it was all automatic. Strange.
            Filed Ch7 5/28/09 (Pro Se) Orlando, 341 7/01, UST selected case for audit 7/01, Last day for objection 8/31. Audit report filed 9/10, no material misstatements. Discharged and closed 9/22/2009

            Comment


              #7
              this sounds weird. there is never a hearing before a judge where the parties don't know what it's about. there is no such thing whether you are pro se or not. call the clerk and ask what's on the agenda. did that letter that said you have to attend say what the hearing was about?
              filed ch7 May 09
              341 june 09
              discharged, closed Aug 09

              Comment


                #8
                Yeah, I thought it was weird, too. The document says it is a discharge hearing. There's no other information on it, other than stating that I must attend to obtain a discharge.

                Apparently it's court policy. I searched through a few other pro se filings and they all have the same document. Hopefully it's just a formality.
                09/28/2009: Filed Chapter 7 (Pro Se)
                10/27/2009: 341 Meeting of Creditors
                12/28/2009: Last Day for Objections
                01/22/2010: DISCHARGED

                Comment


                  #9
                  still, call and ask what happens at these hearings. a court can't summon you without telling you what's on the agenda. if it's a formality, they have to tell you that.
                  filed ch7 May 09
                  341 june 09
                  discharged, closed Aug 09

                  Comment

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