Discharge date 11/29?

[rck3]

Did I luck out or will it likely not really matter? my discharge date is this monday 11/29 which makes me wonder if its more likely that creditors will drop the ball with the holidays. I do have 1 card that I mentioned in another post. It is a business card that we did not know would be discharged when we filled so we used it after the filing until it was closed. We charged like $2500 on it. I fully understand I should be responsible to pay that back but wonder do they have to make a case for that before the discharge date? My attorny received a letter from that CC about the money spent and he sent them a letter back asking for clarification and some other stuff. We have yet to hear anything from them.

[DebtHater]

I didn't know discharge dates were given in advance. How do you know it is going to be Monday? If this is the 60th day after the 341 that doesn't mean it will be discharged that day. The 60 days is only for creditors to object the petition. If anything, the courts will be backed up with the holiday and it may be a few days longer until you are discharged. If that is the case it does not mean the 60 day period will be prolonged.

[justbroke]

The magic about the 60 days is that no one can file a "Dischargeability Complaint" after that number of days has passed since your first scheduled 341 Meeting. Since no one can file a "valid" complaint to upset the discharge after that time expires, the discharge is issued "forthwith". However, in some District, the actual Order for the discharge can takes many days or weeks. That time lapse is just an "interim" period but doesn't count against you. (A creditor, trustee or the UST can also ask for an extension if they need more time.)

As for the original poster's question, most creditors don't even care. It's usually the ankle biters (like credit unions and best buy) that get litigious. However, don't be surprised if a dischargeability complaint as to that specific business card, doesn't come in on Monday. Almost all complaints of that type, come in on the last day for some reason. However, this will NOT affect your general discharge. All other debts for which there has been no timely filed dischargeabilty complaint or no motion to dismiss was filed, can be considered discharged on day 61 (after the 341 Meeting). Just need to wait for the official "Order".

[rck3]

Yes 11/29 is the 60th day but in pacer it is noted that 11/29 is the discharge date which is why I said that. Might be my misunderstanding. I'll just wait and see. If anything was disputed would I see it on the 61st day in pacer or can that take days to show up?

[tcreegan]

Hi rck3,

The creditor doesn't have to file an objection to the post-petition charges, they fall outside the BK. Like you said, you owe them, don't pay they collect.

If someone has their fecal matter together enough to file an objection on the Monday after Thanksgiving, please post about it so we can be amazed...

Hope you're having a good Thanksgiving!

Tom in Colo

[justbroke]

Yes 11/29 is the 60th day but in pacer it is noted that 11/29 is the discharge date which is why I said that. Might be my misunderstanding. I'll just wait and see. If anything was disputed would I see it on the 61st day in pacer or can that take days to show up?

In some Districts, your case will "auto-discharge" after your 60 days is over. On the 61st or 62nd day, those in the "auto discharge" Districts will see a discharge entered on the docket.

A great number of complaints to determine dischargeability or motion to extend the deadline, come on the 60th day itself.

However, in 90% of the cases where there is a genuine question of dischargebility, nothing even happens and the letters threatening to file the complaint for do a Rule 2004 examination, are just that... threats. However, if they have a good case and there is a minimal amount in question, they will file. Over the past 2+ years, I think that "magic" threshold is somewhere around $4,000 before they'll pursue it because the cost to prosecute and loose can be too much risk. Additionally, while the amount could be under $4,000, I tend to think that the lender/creditors do the complaint just to send a message to other debtor attorneys. But that's just my read on the topic.