I'm asking this question for my cousin. She filed Ch 7, in the Southern District of Ohio BK court, and had her 341 on Feb 7th of this year. I was telling her that she should be discharged shortly after the 60 day period, which would have been around April 7th, if there weren't any problems with her filing? I guess no creditor has filed an objection to the discharge, and she said the Trustee hasn't filed anything either. She checked pacer, and she said her status says, "awaiting discharge." She called her attorney's office to ask how long a discharge takes, and the paralegal told her 90 days after the 341 meeting? So my question is, is it 60 or 90 days after the 341 meeting?
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Filed: 5/22/07; 341 Hearing: 6/27/07;
Confirmed: 8/13/07; DISCHARGED 4/17/2012
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60 days is how long a creditor has to object. Longer times, in a no asset case, is due to trustee and court processing time. The trustee requests the discharge but only a judge can order it.Chap 7 Non-consumer
--Realized headed for bankruptcy Nov 2010 --Started planning BK7 Spring 2011 -- Filed Sept 2011 -- 341 & Continued 341 Meetings Nov 2011 --No Asset Case Nov 2011 --Discharged Jan 2012 --Closed Feb 2012
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One is entitled to the entry of the discharge on the 61st day after the 341. The entry of a discharge is automatic unless there was an objection or motion to extend filed on or before the 60th day. However, it may take the Clerk of the Court up to an additional 30 days to actually issue the discharge. I always tell my clients that they should receive their copy of the discharge within 30 days after the 60 has run, hence 90 days after the 341.
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