CH 7 Update ?'s

[4Abetterlife]

Filed CH 7
341 meeting 8/3/10
Asset Case (main exempt is house under a homestead)
Have attorney
Have access to PACER - no indication of Discharge??

We agreed to a compromise settlement amount in which final monies are to be paid prior to year end. We are ready to pay the balance.

the latest On Pacer

36
Filed & Entered: 08/24/2011
Terminated: 09/20/2011
Motion to Compromise
37
Filed & Entered: 08/24/2011
Order on Motion to Continue/Cancel Hearing
38
Filed & Entered: 08/24/2011
Trustee's Request for Bar Date
39
Filed & Entered: 08/25/2011
Asset Notice Report
40
Filed & Entered: 08/25/2011
Terminated: 09/30/2011
Application to Employ
41
Filed: 08/26/2011
Entered: 08/27/2011
BNC Certificate of Mailing - PDF Document
42
Filed: 08/27/2011
Entered: 08/28/2011
BNC Certificate of Mailing - Notice
43
Filed & Entered: 09/20/2011
Order on Motion to Compromise
44
Filed: 09/22/2011
Entered: 09/23/2011
BNC Certificate of Mailing - PDF Document
45
Filed & Entered: 09/30/2011
Order on Application to Employ
46
Filed: 10/02/2011
Entered: 10/03/2011
BNC Certificate of Mailing - PDF Document
47
Filed & Entered: 12/03/2011
Request for Claims Register
48
Filed & Entered: 12/14/2011
Clerk's Notice of Fees Due
49
Filed & Entered: 12/14/2011
Document

On the Motion to Compromise [36] it states on line item 10 that "The debtors have ageed to pay over to the trustee, in exchange for his release of aforementioned disclosed non-exempt assets, the sum of $ xxxx payable as follows:
a. Payment of $XX upon approval of this Motion to Compromise; and
b. The sum of $xx on or before Jan 1, 2012.

We have already made our initial payment (a) but now are concerned whether this was approved by court. Before we send final payment I wanted to know if everything was up and up. Have a call into my attorney with same questions.

Is it safe to pay the final without having verification that the trustees motion to compromise was ever approved by the court?

Why still no formal notice of discharge?!

thanks for any help

[justbroke]

Well, the order is right there...

43
Filed & Entered: 09/20/2011
Order on Motion to Compromise

Why not just look at the Order! Otherwise, wait for your attorney.

[4Abetterlife]

OK thanks. I had read this document and did not see approval. But now I see it is a copy of the original motion with granted printed up the side of the document.

Why no discharge yet?

[justbroke]

You should REALLY sit down and speak with your attorney. The discharge should have come on or about 10/2/2011 (if your 341 Meeting was 8/3/2011 -- noting that you wrote "2010" above). Did you do the "Financial Education" course required for a discharge? Was that B23 Certificate of Completion filed with the court? (I don't see it above!). What FLAGS are on your case in PACER?

There is definitely something wrong. I would talk to my attorney immediately.

[4Abetterlife]

Actually my 341 was Aug/2010. In looking at Pacer history I don't see that a B23 Certificate was ever filed. I will request that from my attorney.

Regarding "Flags on Pacer", what are the and where should I look on Pacer to see?

Thanks!!

[justbroke]

There is a FLAG area in pacer under the Case Summary link. Find those and then post them here and we'll tell you what they mean.

There is something wrong with your case if you didn't receive a discharge. You should see the discharge notice somewhere on the docket OR on the first screen after searching your case. Near the top will have your name, judge, chapter of bankruptcy, whether voluntary or not. The last couple of lines that "header" area should read "Debtor discharged" or something like that.

[4Abetterlife]

FlagsebtEd,ASSET

No discharge date

I have called/emailed my attorney to confirm his filing of B23. Have not heard back yet. I have the original email from debthelper sending the certificates to both him and I back on 10/7/2010. I assumed he would get that and do wwhat ever he needed to with it... Maybe he missed the email and forgot about the whole thing. If in fact the B23 was never filed, what would be the recourse now that the 45 day filing deadline has passed? We still have the certificates.

[4Abetterlife]

Flags DebtEd, Assets

[justbroke]

Exactly... DebEd is missing!!! "DebEd" is the flag for "Debtor Education" and is the "second" class. Since you have taken the Financial Management course where is the certificate and why didn't your attorney file it?

The Form B23 can be filed so long as your case is not CLOSED! Lucky for you, it's a LONG RUNNING asset case and is still open! You only need to file the Form B23 with a copy of the Financial Management course completion certificate! Then call the Clerk's office and voila, your case will be discharged!

This is actually horrible to read of this at this late point! Your attorney owes you an explanation for sure. Since they appear to be ignoring you... I'd call 3 times a day until they respond. Otherwise, go sit in their office until they show up.

[4Abetterlife]

Thanks for your help! Like I said before I am ready to send the last payment on our agreed debt settlement. Once the Trustee receives this, what would be the normal things to happen. What I want to acheive is closure or it's equivalent in case I need to sell my house which fell under exempt asset. Would that be a "Final Report" or "Notice of Abandonment"? What can I get besides a close date that could let me sell my house without worry of attachment by anyone?

That's my last ?'s, Thanks for your time!!

[justbroke]

The Trustee will file a Final Report. This will take some time since the Trustee needs to distribute the money, wait for "returned" mail, and then close the case. i would guess 60-90 days for the case to close after you get in that last payment.

[4Abetterlife]

OK, Thanks again for your help!