Just received our discharge, questions!

[firsttime]

We just received our discharge (almost 5 months after filing). Can we now go about our life? Can they still come after us? Can the trustee/judge ask for more paperwork (bank statements, etc)? Is the discharge really really final? I had read that you still can be looked at up to a year afterwards, is that true? We had some checks we didn't cash, waiting for the discharge, can we cash them now? We were told to just not have that much money in our accounts.

[AngelinaCat]

You must have misunderstood what you were told. You weren't to have much money on the day you FILED. That time frame is a photograph of your financial life at the time you file. You could have cashed those checks at any time. Unless they were for something like an inheritance your received, or something like that.

Many cases are Discharged and Closed at the same time. However, many others won't close until later on. I am curious as to why it took 5 months for you to be Discharged? Were you an Asset case? If you were, then it can take many months or even a year or more for your case to close.

[firsttime]

Our attorney told us that it could take 4-6 months after filing to be discharged. It took 5 months, so according to them we're in the correct window of time. We were told to kind of lay low until everything is done. So we received our "discharge"...when do we find out about the case being closed? We are a Non-Asset case. There was one asset that the trustee did ask about but after the initial asking for some paperwork was received back in December, we didn't hear anything back from her. I checked with our attorney and they said they would have heard something by now if there were any more questions, or comments. Is that correct? If they were interested in looking into that asset further, would they have told us, or is there a chance that we'll just a letter asking to turn it over? Isn't there a timeframe on that? If checked out, they would have found out that it doesn't have much value (they did ask for 1099's to verify)

[AngelinaCat]

If the trustee hadn't asked for anything further by now, you should be fine. You should get paperwork from your attorney letting you know when the case is Closed, the same as you should have been notified of the Discharge. Discharge is the big milestone that everyone looks for. That means that after you are Discharged, you are no longer legally responsible for paying back the debts that were discharged. Of course, if you wish, you can choose to repay any of those debts you want to; you just don't have to.

And no, usually, no one goes looking into your case after discharge. That would only happen if some kind of fraud was suspected--and that kind of scrutiny would happen very early in your case.

[AngelinaCat]

Now, having gotten all that out of the way, CONGRATULATIONS!!! It is time for a Discharge Party!! Here you go:

http://www.youtube.com/watch?v=f9aA_fba_To&feature=related

[ValleYum]

Congrats firsttime! Happy Fresh Start to you!

[tobee43]

We just received our discharge (almost 5 months after filing). Can we now go about our life? Can they still come after us? Can the trustee/judge ask for more paperwork (bank statements, etc)? Is the discharge really really final? I had read that you still can be looked at up to a year afterwards, is that true? We had some checks we didn't cash, waiting for the discharge, can we cash them now? We were told to just not have that much money in our accounts.

did you also get your order of "closed"...while the discharge is indeed, a very important order from the bk court, to actually be able to get on with your life your case needs an order signed by the judge that your case is "closed"....two seperate and different orders. many times they come together and many times they are issued by the courts months apart. i would contact your atty and see if they have heard anything with respect to the close order.

best of luck!

[firsttime]

Thanks. That's what I had thought I remembered, that you can be discharged, but it's not really over over until it's closed. We're going to check our paperwork from the attorney from the beginning and see what he said about this and if it's not answered, then we'll call him. When I called them to ask about what was happening with the discharge, they had said that it could take 4-6 months from filing. I didn't ask about the closing.

[notgon]

Hello everyone. I have been an avid reader of this forum ever since I came upon it, searching for information on bankruptcy. I want to state that my chapter 7 went extremely smoothly. From the moment I filed to closing, there were no negative notices, no objections, nothing. The trustee asked for some clarifications about some things, like rent income form a rental unit and income tax return. He was prepared to file a 2004 Duces Tecum(sp) if I didn't respond in five days. However, I responded the same day and about two days later I received my Notice of No Distribution. In fact, I was discharged right on day 60, which was a Saturday. That Monday morning, when I logged into PACER at work, the case was CLOSED!
It was my experience, and I know people always ask, that the trustees will ask about your tax return. He wanted mine but I had to file an amendment so now I owe IRS instead of the estate.
Oh and I am currently awaiting for my Capital One card with a credit line of $1000.

[tobee43]

Hello everyone. I have been an avid reader of this forum ever since I came upon it, searching for information on bankruptcy. I want to state that my chapter 7 went extremely smoothly. From the moment I filed to closing, there were no negative notices, no objections, nothing. The trustee asked for some clarifications about some things, like rent income form a rental unit and income tax return. He was prepared to file a 2004 Duces Tecum(sp) if I didn't respond in five days. However, I responded the same day and about two days later I received my Notice of No Distribution. In fact, I was discharged right on day 60, which was a Saturday. That Monday morning, when I logged into PACER at work, the case was CLOSED!
It was my experience, and I know people always ask, that the trustees will ask about your tax return. He wanted mine but I had to file an amendment so now I owe IRS instead of the estate.
Oh and I am currently awaiting for my Capital One card with a credit line of $1000.

notgon-welcome to the forum and thank you so much for sharing your bk experience!



fristime: your atty should know how swiftly the paperworks are moving in your district. or, they can call over if they see nothingn on Pacer and find out what is going on. really, if can be as simply as a paper back log, or the UST taking another look, however, that has time limitations as well. again, i would give your atty's office a call and ask them to follow up about your order of "close".