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STILL awaiting discharge

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    STILL awaiting discharge

    I filed ch7 in Iowa on 10/28/09, 341 was on 01/11/10. My lawyer told me that I should receive a discharge at 90 or shortly after. As of today it's been 111 days since filing.

    The Deadline to File a Complaint Objecting to Discharge of the Debtor or to Determine Dischargeability of Certain Debts: 2/12/10
    Deadline to File Reaffirmation Agreement: 2/12/10

    Is it common for a case to go 111 days before a discharge is granted? Now that the deadline to file an objection has passed, does this mean I should expect a discharge soon?

    The last update to my case accourding to PACER was 1/13/10 stating: "The trustee of this estate reports that the meeting of creditors was concluded and the trustee is investigating the existence and location of property of the estate not subject to exemptions or security interests". All of the cases that the TT is assigned to that have not discharged or closed say the same thing.

    The TT told me to submit a copy of my 2009 tax return once it's prepaired and not to spend any of the refund until I hear from him. The lawyer said told me I will get the dischage, but the case will remain open until I submit it.

    Should I wait for the discharge before submitting a copy of my return or does it really matter?

    I had to dismiss my ch13 that I filed in early 2009 due to a 7% pay cut 2 weeks after filing, but had to wait to do so for 6 months so I quilified for a ch7. Needless to say I'd like this over with.

    #2
    First thing tomorrow morning, you need to call the clerk of the BK court in your district and ask to speak with your caseworker. Whomever is assigned to your case is determined by your case number. If your district has a website you may be able to locate a page that list the caseworkers and the case numbers that they handle.

    You may be told that you need to speak to your attorney--if you have one--but don't let them brush you off. They can tell you what the hang up is and what needs to be done to fix it.

    When our case dragged on past the 100 day mark, my 'Hub called, and was told the only thing holding up our discharge was a copy of our Marriage License. We had taken a copy with us as per the trustee's request, to our 341. When we tried to hand it to him, he told us he didn't need it.

    Well, he was wrong! Duh!

    As soon as it was emailed to the BK court, our caseworker discharged us the same day!!

    So don't let your username rule the day, be 'Active', and go get it!!
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."

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      #3
      You bet! Get on them! I hounded our attny. for 2 weeks to find out why we hadn't been discharged, and when she finally did call the TT direct, she was told..."Oh, it looks like they fell through the cracks!" We were closed and discharged right over the phone.

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        #4
        Hi, I am also in Iowa, the Northern District. I called the bankruptcy clerk's office this morning to see about the status of our case also, because our last day for objections was 2/05. Needless to say I'm getting very impatient! So I was told by the friendliest person that I've ever spoken to on the phone(seriously) that they are automatically discharged a week after the last date for objections, but always on Wednesdays. So I missed the date last Wednesday, but tomorrow is my day! Yay! So yours may be next Wednesday, HTH

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          #5
          Thanks everyone. I wish I would have found this site prior to filing!! Mallikangel, I'm in the Northern District as well. Could you please PM me the number that you called? This is very good news! I just can't wait until I can start living again!

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            #6
            Sent you the number, Good luck!

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              #7
              Thank you! I'm in a meeting and plan on calling when it's over. I'll let you know what they say.

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                #8
                I called and was told the same thing you were. She said it should auto discharge on 02/24! Again, thanks for sharing your info.

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                  #9
                  I recieved my discharge today!! It didn't close however because I have to submit my tax return to the TT. I'm sure he will request my refund, but that's a small price to pay with all things considered. The bad news though is that will hold the case open from what I understand for 60 - 90 days while creditors are allowed to file a claim and I was just informed by my boss that I will more then likely receive a raise and bonus in March which I really need to get caught up on bills, tires for the car ect... If the case is still open the tt can request my raise and bonus is that correct?

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                    #10
                    Originally posted by Passive View Post
                    ...I was just informed by my boss that I will more then likely receive a raise and bonus in March which I really need to get caught up on bills, tires for the car ect... If the case is still open the tt can request my raise and bonus is that correct?
                    No, Passive, your raise and bonus, presuming you do get them, are yours, just like your regular earnings are yours.

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                      #11
                      Whew that's great news!

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                        #12
                        Congratulations to you!!
                        4/09 Converted to a Ch 7 due to loss in dh's income
                        5/09 UST now involved no idea what happens next
                        7/09 UST has decided to withdraw his motion to dismiss!
                        7/27/09 DISCHARGED!!!

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                          #13
                          Thank you everyone. It's a great feeling!!

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                            #14
                            Congrats! You're on your way to a great new start

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                              #15
                              CONGRATULATION!!!! The big D has arrived!!! We love it!! Here you go:



                              "To go bravely forward is to invite a miracle."

                              "Worry is the darkroom where negatives are formed."

                              Comment

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