Discharge? "Kind of..."

[ApresMoi]

Can someone weigh in on this? The below excerpt is from a law firm's website. I was looking up how to count the days until discharge, and stumbled upon this. I thought I would be free and clear after the Ch. 7 discharge, but this (alarmingly) asserts otherwise. Does the fact that they are in AZ makes any difference? I am in CA. Don't tell me I am not done with this at 60 days, please.

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An additional caveat: Just because you receive the discharge doesn't mean the case is over or that the discharge is final. The Trustee may continue to administer the case for months after the discharge has been granted. If you fail to provide the Trustee with information or property which he has requested, he can ask the court to revoke the discharge. The court could also revoke the discharge if a complaint objecting to discharge, or a motion to dismiss had been filed before the deadline. [3-23-99]

http://www.doney.net/faq_discharge.htm

[justbroke]

Read HHM's excellent description of the difference.

http://www.bkforum.com/showthread.php?t=10879

The real thing that a bankruptcy provides is a discharge of debts. This is what comes after the 60-days following the 341 Meeting. The closing is purely an administrative task where the Trustee administers assets and pays creditors who filed an allowed claim.

If you're a no-asset case, your close will come simultaneously to the discharge, or very shortly thereafter.

Read the thread!

[ApresMoi]

That's a great summary! Thank you for the link. I am a "no asset" case so everything should be fine -- good to know.

The way that excerpt is phrased, it's misleading.

Read HHM's excellent description of the difference.

http://www.bkforum.com/showthread.php?t=10879

The real thing that a bankruptcy provides is a discharge of debts. This is what comes after the 60-days following the 341 Meeting. The closing is purely an administrative task where the Trustee administers assets and pays creditors who filed an allowed claim.

If you're a no-asset case, your close will come simultaneously to the discharge, or very shortly thereafter.

Read the thread!

[justbroke]

You know, I read so many posts these days, that I don't even look at the user posting the thread or reply? I didn't know it was my old friend "Deluge"!

[epiphany]

Though I hope it isn't the case, don't be surprised or alarmed if you are not discharged at 60 days in California. I filed in the central district of California and was also a simple 7 no asset case. I was not discharged for 6 months. Others have had the same experience.

I also noticed on PACER that my clock didn't start ticking until some time after (can't remember exactly...two weeks maybe) the 341.

The California courts tend to get backed up due to the sheer volume of filings.

Good luck,

ep

[ApresMoi]

Apres 'waves' to 'just broke'. :-) 'Merci, mon ami' for all the great posts.

You know, I read so many posts these days, that I don't even look at the user posting the thread or reply? I didn't know it was my old friend "Deluge"!

[justbroke]

De rien. (That's French for "you're welcome".)

[ApresMoi]

Epiphany:

I believe you. Let's say it takes that long. Does this mean that I would have to report any significant change in income/expenses (change in circumstances) to the Trustee during that time? Like what if I get a job offer before the discharge? Where I make more than what I was making (on unemployment) when I filled out the BK schedules? I don't have control of job offers.

Also, would I be locked in to not selling anything during that entire time as well? I read that you can't sell stuff while "in" BK. Even though the 341 is over, I am officially be "in" BK until formally discharged, right?

Blecht!!!!!!!!!!!! (That's the sound I make when -- figuratively speaking -- I have just eaten a mouthful of feathers.) This is not what I wanted to hear. I am not amused.

Though I hope it isn't the case, don't be surprised or alarmed if you are not discharged at 60 days in California. I filed in the central district of California and was also a simple 7 no asset case. I was not discharged for 6 months. Others have had the same experience.

I also noticed on PACER that my clock didn't start ticking until some time after (can't remember exactly...two weeks maybe) the 341.

The California courts tend to get backed up due to the sheer volume of filings.

Good luck,

ep