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NEWS re DISCHARGE DELAYS - Central District of CA - LA Division

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    NEWS re DISCHARGE DELAYS - Central District of CA - LA Division

    Today I called the court to verify whether it could take them up to six months to 'officially' discharge my case (to send out the discharge notice). I was told that 'yes' not only can it take up to six months, it can and probably will take even longer given their current backlog.

    BUT, if I call them back after my 60 days are up (which is mid-August), and ask to have a supervisor review my case, I can get the official discharge notice pretty much right away PROVIDED, of course, there is nothing amiss with my case upon review (there isn't; there won't be).

    So, you can either ask for a discharge after 60 days (and they will give it you) or you can wait for a very very long time.

    To contact the above court to ask for a speedy discharge, call General Info at: (213) 894-3118. Be sure to have your case number handy.

    I do not know whether this is standard practice in other CA courts (I assume so) or in courts in other states.

    #2
    I wonder how this will affect people who recently filed as far as tax returns go? If the discharge is not until after January can the trustee make a claim?

    Actually, this brings up a question I had been thinking about lately. Is there a law or some precedence that in a BK 7 the 30-60 timeframes have to be met provided there is no fraud or other questionable action by the filer? Otherwise technically the BK can continue on without ending.

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      #3
      i'm in FL and I called on day 64 and the nice lady had it posted within 2 hours. I have no idea how long it would have taken if I hadn't called. I don't think it takes more than a week or two here, but they will handle it right away if you call in my district.
      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

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        #4
        I am in Orange County. The Clerk's in the Central District are in overwhelm. I called several times and was told that they are far behind and they would get to us then they could. We were at more than 90 days to discharge. In OC, they are hearing more than 80 cases in an hour. In LA, Central District, they are hearing that many in three different courtrooms.
        Filed Chapter 7: 7/3/09
        341 Hearing: 8/6/09 - Went Smoothly!
        Discharged: 11/30/2009
        Closed: 12/16/2009

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          #5
          I was told the same thing 6 months. I filed on 03/28/2010 central district Los Angeles. Creditor meeting on 05/07/2010. Last day for objections 07/06/2010. Today I received my discharge paper. It was discharged 07/23/2010. So maybe they have cleared the backlog since it was sooner. Good luck!!

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            #6
            Update: The info below is all wrong, at least as of this writing. I was discharged on the 10th and the Court mailed out the official discharge notice on the 12th. There was no delay at ALL. Zip. Nada. And I did not even have to make a phone call.

            **************

            Originally posted by ApresMoi View Post
            Today I called the court to verify whether it could take them up to six months to 'officially' discharge my case (to send out the discharge notice). I was told that 'yes' not only can it take up to six months, it can and probably will take even longer given their current backlog.

            BUT, if I call them back after my 60 days are up (which is mid-August), and ask to have a supervisor review my case, I can get the official discharge notice pretty much right away PROVIDED, of course, there is nothing amiss with my case upon review (there isn't; there won't be).

            So, you can either ask for a discharge after 60 days (and they will give it you) or you can wait for a very very long time.

            To contact the above court to ask for a speedy discharge, call General Info at: (213) 894-3118. Be sure to have your case number handy.

            I do not know whether this is standard practice in other CA courts (I assume so) or in courts in other states.

            Comment

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