Ch7 Discharge 28 days after 341!!!

[Certes2111]

That's right! It came early!

A little backstory for you all since this is my first post....followed by a question at the end. I've been lurking here for about a month and you all have been an absolute godsend. Thank you to all of you for your unknowing support!

I filed in Western WA on 2/28/10 as a ch13 and had my 341 on 4/12/10. During the meetings with my attorney, we crunched the numbers and I just barely flunked the means test, so a 13 was to be my destiny. Just before my 341, my attorney was in the back of the room looking through the numbers and realized that he had forgotten an expense that would allow me to qualify for a ch7! We went through with the 341 (and my plan was eventually confirmed) but converted to a ch7 on 6/7/2010. I had the 341 for the ch7 on 7/29/10, and the trustee filed "No Asset" the next day. Fast forward to today, and I log onto PACER to see my discharge!

So my question is....did the 60 days for creditors start with the FIRST 341 meeting, or was the time frame supposed to start over with the conversion? No creditors showed up to either 341. I called my attorney and he said that he wasn't positive how it works with a conversion, since he doesn't do very many of them. He thought that it might have been a clerical error, and I don't want to get to excited if I can't help it....

I know that others have received their discharge earlier than the standard 60 day period as well...

What do you guys think? Ever seen a discharge order (I printed mine up off of PACER) get yanked back because of a clerical error? Should I not count my chickens until my case officially reads "Closed" instead of "Awaiting Closing"?

[ccsjoe]

Wow, that's the first I heard of this. I'd congratulate you but would rather heed your attorney's advice since nobody seems to be certain. Thanks for dropping my jaw though!!

[Nicollette]

Congratulations on your discharge

[AngelinaCatHub]

Who cares why? You have the new start you wish. Put it to good use.

Our official dance of victory (when I'm not too busy putting my start to good use).

http://video.google.com/videoplay?docid=-3894301868978665655#

[despritfreya]

Don't be so sure you have your discharge. If the complaint deadline has not passed (60 days after the 1st date set for the 341 in the converted case - see the Bankruptcy Filing Notice issued by the Clerk and mailed to creditors shortly after conversion) the Clerk will most likely pick up on the mistake and issue an error notice. No biggie though, assuming you have filed your Financial Management Certificate. Your correct discharge date should be around 9/29.

[doudis2]

Don't be so sure you have your discharge. If the complaint deadline has not passed (60 days after the 1st date set for the 341 in the converted case - see the Bankruptcy Filing Notice issued by the Clerk and mailed to creditors shortly after conversion) the Clerk will most likely pick up on the mistake and issue an error notice. No biggie though, assuming you have filed your Financial Management Certificate. Your correct discharge date should be around 9/29.

In my situation I was forced to change districts as the Phoenix District was so overloaded that they would not take Tuscon district case as they had in the past. This resulted in a new 341 date, case number and discharge date. This even after my lawyer regurgitated the "60 days after the 1st date set for the 341...." regulation. What did it cost me; about a 3 week delay. No biggie; I'm just saying that there are exception to the rule and I think yours was not one of them, mine was. You seem to have fell in under the original 60 days, cool for you. CELLLLLEEEBRATE GOOD TIMES, COME ON!

[justbroke]

The discharge comes after 60 days elapsed from the date of the first scheduled 341 Meeting. While you are technically at Day 29, based on your 341 Meeting date, this may be a "technical" error. The Clerk can actually vacate the order as a clerical error. Or, a creditor may complain.

Even if it's a clerical error, the Clerk would be re-entering your discharge on or about Tuesday, August 31 anyhow since your 60 days actually end on Monday August 30. (This is because of the weekend.)

And, yes, I have seen discharges get yanked due to overzealous clerks in the Clerk's office. They are usually inconsequential since the discharge would be granted the next court business day anyhow.

[Certes2111]

My 60 days from the ch7 341 was scheduled for 9/27.

PACER still shows discharged, awaiting closing (4 days in status). Not that this means anything, as the clerk probably just hasn't done an audit prior to closing.

So, I'm guessing that it would prudent to wait awhile before I start cleaning up my credit reports?

[Certes2111]

Update

Well, my case was closed effective 9/23! No issues with the early discharge whatsoever.

So, I'm guessing that the early close had something to do with the conversion from a ch13 to a ch7....but no one seems to be able to privide specifics. I just wanted to let everyone know, in case others find themselves in a similar situation.

Thanks again for everything!

[mommi2many]

Wow, congrats to you!

[justbroke]

The earlier Chapter 13 341 Meeting does not count for a Chapter 7 341 Meeting, unless you had converted from Chapter 7 after having a 341 Meeting during your Chapter 7, then converted to the Chapter 13, then converted back to Chapter 7. This is in accordance with the FRBP. As I wrote earlier, does it technically matter? Usually not unless someone complains or the Clerk catches the error.