My discharge was suppose to be May 13th...

[needhelpinnj]

And I'm still not discharged yet. Should I be worried? I asked my lawyer and she said that I shouldn't be worried.

I contacted my lawyer in late May. She said that the Trustee had to file a motion to abandon my house and that she would get to it when she gets to it.

I have been calling my lawyer for the past three weeks and she says she has called the trustee's office and they are getting right on it. It may have been lost in the mail?

I also received a letter in the mail from Bank of America (where I had two mortgages), and they said that I owe $20K but that since I was discharged through bankruptcy, I don't have to pay it, though I should pay it to keep the house (which I am not doing).

Thanks for your input!

[despritfreya]

Your post is a bit confusing. You state that you should have received your discharge in May but did not. Later you state that the bank is acknowledging you received a discharge. Did you or did you not get your discharge? If you are not sure either check on PACER or call the Court on Monday.

Assuming you have not received your discharge. . .

1. Your Trustee has nothing to do with the entry of the Discharge assuming he/she has not filed an objection to the entry of the discharge.

2. You are not entitled to a discharge unless you took the second credit counseling (financial management) class and filed the Certificate of Completion with the Court.

3. Assuming no objection to the discharge and further assuming you took the 2nd class and filed the Certificate, the Clerk of the Court controls the entry of the discharge. This has nothing to do with the Trustee "abandoning" assets.

4. If there is a delay in the entry of the discharge (again, assuming no objections and the filing of the Certificate), it is likely that the Clerk of the Court forgot to enter it. Call the Court and request that someone look at the docket and take steps to enter the discharge. (This should have been done by your attny but since it apparently was not - there is nothing stopping you from making the phone call.)

Des.

[sunshinepa]

Wow, sorry to hear that. I would stay on that lawyer, I don't think lost in the mail but then what do I know, LOL. Have you looked on PACER?

Hope you get it soon!!!!

[needhelpinnj]

Thanks for your posts.

I check Pacer every day and it's not there. I have completed all of the financial courses.

Hopefully it will be soon.

[AngelinaCat]

First thing Monday morning, call the clerk of your BK Court, and ask to speak with your caseworker. Have your case number handy, because it determines who is handling your case. Ask him/her if there is anything missing from your file. You may be told that since you have an attorney, you need to contact that person. Then say, rightfully so, that your attorney has not been very communicative, and that you need to know if there is any kind of corrective action that you need to make.

Good luck to you and please let us hear back Monday evening.

[justbroke]

Yes, please follow Mrs. Cat's advice and call the Clerk's office on Monday! Sometimes, they'll enter the discharge right over the phone if everything is in order!