Discharge Question

[jelo6875]

So Monday the 15th is our discharge date I was wondering if we will get a paper in the mail saying we are discharged or will I be able to print one out from PACER?? My husband needs to get a truck ASAP and we need the discharge paper to apply for financing!!

[free2breathe]

As soon as the discharge is filed in the courts, you should be able to pull it up on Pacer and print that baby off

[tobee43]

So Monday the 15th is our discharge date I was wondering if we will get a paper in the mail saying we are discharged or will I be able to print one out from PACER?? My husband needs to get a truck ASAP and we need the discharge paper to apply for financing!!

you are mailed two very important documents upon the completion of your bk...they can come seperately or together...our came together and we did not use pacer...ever.

the first usually being the "discharge" itself and if you been discharged from a no asset chapter 7...what usually follows or comes with it, is the order from the trustee of no assets and no contributions...it's the order that releases the trustee from you class and giving you back your freedom!!

there are on occasions times, when one will receive the "discharge" but not the "order" of no distributions...which in essence means the case is not closed. that would and will happen..i.e. if the trustee wants your tax refund money for 2010...until the court receives that payment the case will remain open...just an example..i'm not speaking about your situation...most likely if you were a no asset case that order will not be far behind.

pacer is good to get the general info..however, nothing better than the "actual" hard copies to me...

[jelo6875]

tobee43...the refund issue was actually a question that I had in another thread...if it was not metioned at the 341 or at anytime for that matter how do you know if they are due all or part of your tax return??

[free2breathe]

tobee43...the refund issue was actually a question that I had in another thread...if it was not metioned at the 341 or at anytime for that matter how do you know if they are due all or part of your tax return??

In our 341, the trustee addressed the issue of the tax return and gave us a paper with instructions to turn over our refund. Perhaps your trustee won't take it if they didn't disclose the possibility during the 341. If they do take it, they are entitled to the amount that would be considered "earned" up to the date of filing. In our case, we filed in September and will owe them approximately 75% of our refund.

Some states do not take any of the tax refund that is attributable to the credits such as earned income credit or child tax credit. It varies from state to state. In our state, I know they will take their portion of EIC.

[tobee43]

tobee43...the refund issue was actually a question that I had in another thread...if it was not metioned at the 341 or at anytime for that matter how do you know if they are due all or part of your tax return??

the trustee has a good idea based on the information of your present income and on your past returns how likely it is that you'll be getting a refund or not...as free2breathe pointed out a paper was provided at the time and the issue was discussed at that 341.

however, free2 was a pro se'er...and as such, the trustee directed the issue at the meeting, while if you are using an atty, many times it's not done in an open forum fashion. the atty is notified and you are told prior to or right after the meeting by your atty. but it still can be addressed atty or not at the 341...it will depend on the trustee you get.

[tcreegan]

pacer is good to get the general info..however, nothing better than the "actual" hard copies to me...

....hey tobee, this made me think about it...I haven't got a hard copy from the court yet, either trustee report or discharge!!

Both on PACER, but my case hasn't closed yet, maybe they send them out at closing.....better call them about it....

Tom in Colo

[tobee43]

pacer is good to get the general info..however, nothing better than the "actual" hard copies to me...

....hey tobee, this made me think about it...I haven't got a hard copy from the court yet, either trustee report or discharge!!

Both on PACER, but my case hasn't closed yet, maybe they send them out at closing.....better call them about it....Tom in Colo

i wonder because you signed up for pacer if that stops hard copies????

i WANT the hard copies...the first thing i did was scan the discharge and the copy of the order of no distribution into my computer....THEN, when after the motions to vacate were rec'd i scanned them into the computer as well. (of course backed them up to another portable drive AND disk!! LOL)...just so they would be at our finger tips at all times.