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Case Timing Question - Why is this taking so long?

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    Case Timing Question - Why is this taking so long?

    My case has been open for almost a year and we are waiting for a discharge. We have had some obstacles to jump through over the past year but it seems we are on the path to getting discharged (at least that is what my lawyer is saying). But right now we are in a holding pattern and I am trying to see if anyone may know of how much longer I may need to wait. Isn't there a certain time frame that a case needs to be closed by? My lawyer sent one letter to the trustee but he is saying that we just need to wait. Hoping to see if anyone can give some advice. Below is details of events in our case that may help you understand our case.

    9/28/2011 Files Chapter 7
    10/27/2011 341 Hearing
    Between November and February our case was extended probably 4 times. During this time we had to send bank statements, explanation of expenses and inclome etc.
    During the examination of these documents a red flag was raised and we had to attend a Rule 2004 Examination
    5/31/2012 - Rule 2004 Examination
    5/31/2012 - After the Rule 2004 Examination the US Trustee files No Presumed Abuse
    6/14/2012 - Trustee reports that we have no distribution - no funds
    So my attorney tells me that we should be discharged 30 to 45 days after the 6/14 update.
    So July comes and goes and my attorney tells me if we don't hear anything by mid August he will contact the trustee.
    Mid August comes and he sends a letter to the trustee.
    8/21/2012 The trustee posts that they are withdrawing a document. Which was the Withdrawal of the Trustees Objection to Exemptions.
    And that brings us to today. I contacted my lawyer again and he said they can write another letter to the trustee but it probably won't do anything. So I am looking to you all for some advice. What do you think is the hold up and is there anything I can do? And is there a certain timeframe that this is supposed to be dealt with?

    I just want to move on with my life and this is such a stress on me and my family.

    Thanks

    #2
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      #3
      Did you file your "Debtor's education" certificates?

      Do you have PACER? If so, are there any flags showing?

      Sometimes a quick call to the BK Court clerks can find out if you are missing anything or if your case needs to be 'manually closed' is all it takes to get some action. You could start off by saying something like "Oh gosh, my case has been so confusing and long - shouldn't it be closed by now?"

      Good luck and keep us posted!
      ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
      Not an attorney - just an opinionated woman.

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        #4
        Yes all my certioficates are filed.

        I have access to PACER and nothing shows as a red flag.

        Is it ok to call the BK Court clerk? I thought that was not allowed and should only be done by the lawyer? Who do I ask for?

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          #5
          Yes, it is okay to call. Have your case number handy, as that determines who is assigned to your case. You may be told to talk with your attorney, since you are represented by one. But don't llet that deter you. Tell them that you are checking to make sure that everything is in order, and that nothing is missing from your file. In our case, it was a copy of our Marriage License--which we had with as as instructed at our 341. But when we tried to give it to the trustee, he said he didn't need it. Well, it WAS needed. Once that was scanned and upload to our file, we wee discharged that very day.

          Your case sounds very much like ours. We filed Ch7 on Dec. 28, 2007, had the 341 on Feb. 7, 2008. We were ruled an Asset Case; had a 2004b Exam; should have been discharged in April--got extended to June, but didn't Discharge until Aug. 13, 2008. We Closed about 13-14 months later. We also had an AP filed against us.

          It WILL be over soon!
          "To go bravely forward is to invite a miracle."

          "Worry is the darkroom where negatives are formed."

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