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Wish me luck, Day 56 but storm clouds brewing...

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    #46
    OMG, does this mean what I think it means???!!!!

    Posted five minutes ago on PACER

    "WITHDRAWAL OF MOTION TO EXTEND THE DEADLINE FOR FILING A MOTION TO DISMISS THIS CASE UNDER 11 USC 707B3 AND TO DEFER THE GRANTING OF A DISCHARGE"

    "XXXX XXXXX, US Trustee for Region Four, by counsel, hereby withdraws the Motion, having completed his investigation and been advised by both counsel for the debtor and the trustee that there will be assets available for distribution to creditors in this case."

    calling atty now....

    Comment


      #47
      Yes, it means what you think it means. The UST must have finally connected with the panel trustee. Congratulations!

      (You may want to XXXX out the name of the UST in your post.)
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

      Comment


        #48
        arrrgh, can't get him on the phone...

        I mean, if the deadline was Friday and they've withdrawn the motion to extend....that's it, isn't it? Discharge to follow?

        Having become used to the light at the end of the tunnel being a speeding locomotive, I'm just unable to celebrate quite yet.

        Comment


          #49
          Originally posted by billycool View Post
          I mean, if the deadline was Friday and they've withdrawn the motion to extend....that's it, isn't it? Discharge to follow?
          Yes, discharge to follow. However, as you are aware, your closing will be in the distant future as your non-exempt assets are liquidated and case administered.
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

          Comment


            #50
            Congrats!

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              #51
              oh man, that is incredible...!

              Wish I could get my atty on the phone

              There are only three assets....$5500 in cash, a few thousand dollars of equity in the truck (which I'll probably buy out), and then an LLC that I don't know how in the world they would administer or liquidate, but they're welcome to have at it!

              Comment


                #52
                Congratulations! Pretend the first beer is on me! You have a had a stressful week, I hope you can decompress and enjoy it!
                Wife Laid off - 11/16/2009 Missed First Payments - 12/5/2009
                Filed Chap 7 - 12/31/2009
                341 - 2/12/2010
                Discharged - 4/19/2010

                Comment


                  #53
                  thanks all...

                  .....my atty never called back, which makes the pessimist in me worry a little.....but it was very late in the day...and I don't see what could derail a discharge at this point, given what is on Pacer...? I mean, today is Day 64 and the UST has withdrawn the extension, so.........

                  Comment


                    #54
                    Originally posted by billycool View Post
                    Posted five minutes ago on PACER

                    "WITHDRAWAL OF MOTION TO EXTEND THE DEADLINE FOR FILING A MOTION TO DISMISS THIS CASE UNDER 11 USC 707B3 AND TO DEFER THE GRANTING OF A DISCHARGE"

                    "XXXX XXXXX, US Trustee for Region Four, by counsel, hereby withdraws the Motion, having completed his investigation and been advised by both counsel for the debtor and the trustee that there will be assets available for distribution to creditors in this case."

                    calling atty now....
                    Can we say HOT DAMN!! on this forum?
                    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
                    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

                    Comment


                      #55
                      wait a minute...

                      what does this mean?

                      Today on pacer, there's something that says, "6/30 Entry Modification Made: See Entry"......then I look up at yesterday at the Motion to Withdraw the Motion to Extend and under where it says "6/29 Filed and Entered" it now says "6/30 Terminated".

                      Comment


                        #56
                        curious...

                        billycool,

                        Did you file, "Married, not filing jointly, with declaration of separate households."

                        Comment


                          #57
                          that's my status....

                          Married, filed separately, and living in two different households...

                          Comment


                            #58
                            ok, called the clerk...

                            She said that essentially it's a technical thing....the UST filed a Motion to Withdraw the motion from Friday when what she should have done is simply withdrawn both motions, which is what she has now done. She said she doesn't see anything holding up my discharge.

                            Still, I don't like the way it reads on pacer....

                            Comment


                              #59
                              Again, Billy, congratulations. Yes, sometimes the clerks make mistakes! However, the "record" (docket) must show what happened. They can't just remove something. The entry withdrawing the motion should have been docketed as a "Withdrawal" and the actual Motion "terminated". The clerk should have also updated the flags to make sure the NoAutoClose is taken off (or whatever flag they use to keep a case from auto closing when there's an extension or 707 motion to dismiss pending).

                              Congrats... again!
                              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                              Status: (Auto) Discharged and Closed! 5/10
                              Visit My BKForum Blog: justbroke's Blog

                              Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                              Comment


                                #60
                                Sorry, not to be dense...

                                ....and I really appreciate your help, but here's what concerned me:

                                6-26 Filed and Entered: Motion to Extend and Dismiss, etc....

                                -then yesterday's good news-

                                6-29 Filed and Entered: Motion to Withdraw (but then, within the same box...)
                                6-30 Terminated

                                That just looked to me like the Motion to Withdraw had been terminated and the original motion still stood. No? Good......I called the Clerk today and they transferred me to my "case administrator" who calmly told me that the UST had notified them that both motions should have been withdrawn, which is where the case admin said it now stands. I asked her does this mean you see no hurdles to my discharge? And she said, 'yes, you are not set for hearing' and said it should take place within 7 days.

                                I guess I'd feel better if there was a "terminated" under both motions...?

                                Comment

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