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So does this mean our discharge date has been extended to end of October or January??

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    So does this mean our discharge date has been extended to end of October or January??

    Hi,

    This was on pacer today. I am assuming our original earliest discharge date of 10/15/12 has been extended. My question is can the discharge be after 10/26 which looks like the abandonment of property, or will it more than likely come after 1/14, after the proof of claims can be filed? Do creditors usually file some type of claim? I am just curious because there are so many, I wonder how much any of them would receive.

    Thanks again in advance for everyone's input and support!

    Here it is:

    NOTICE IS GIVEN that all scheduled assets will be abandoned from the estate except Debtors'
    nonexempt interest in 179/366ths of their FY 2012 federal/state tax refunds, funds on deposit and
    25% of wages due and owing as of the date of this bankruptcy filing. Any objection to the
    proposed abandonment of property must be filed with the Court by October 26, 2012. Objections
    should comply with S.D.Ind. B−9013−1(d) and must be served on the trustee. If no objections are
    filed, the abandonment of property becomes effective after October 26, 2012.
    NOTICE IS FURTHER GIVEN that assets, not abandoned from the estate, may be used to pay a
    dividend to creditors. Creditors must file a claim by January 14, 2013 in order to share in any
    distribution from the estate. A Proof of Claim (B10) form can be found at
    http://www.uscourts.gov/bkforms under Part 1 (Official Forms) or can be obtained from any
    bankruptcy clerk's office.
    Parties with a CM/ECF account must file claims electronically. Individuals or those not filing
    electronically must submit to the Court the following items:
    • Proof of Claim with original signature
    • Attachments, if any
    • Copy of the Proof of Claim
    • Self−addressed, stamped envelope
    Once processed, the Court will return the original Proof of Claim in the self−addressed, stamped
    envelope. Parties are required to keep an original for three years or until the case is closed,
    whichever is earlier.

    #2
    You will get your discharge on time (whatever that means for your district). This notice does not affect discharge.

    Comment


      #3
      HHM - Thanks again for all your help. So earliest would be 10/15, although I am not holding my breath that it will happen next week.

      Comment


        #4
        It appears that you are on your way. Discharge should come and go without any fanfare. The closing will take a little longer, but just make sure you get your tax return to your attorney and don't cash any "potential" tax refund check since a portion would need to go to the Trustee. Also, have your attorney help you figure out the other amounts that the Trustee is expecting.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          Originally posted by justbroke View Post
          It appears that you are on your way. Discharge should come and go without any fanfare. The closing will take a little longer, but just make sure you get your tax return to your attorney and don't cash any "potential" tax refund check since a portion would need to go to the Trustee. Also, have your attorney help you figure out the other amounts that the Trustee is expecting.
          JB - Thank you so much! We won't touch a penny of any of it for sure until we pay whatever comes up. I cannot wait to get this over with.

          Comment


            #6
            Your Discharge date can, indeed be pushed back.

            Ours was, once the trustee decided that we had assets. Our 341 was February 7, 2008; our Discharge date should have been in April. Instead, the last d,ate for our 'Creditors to Object to the Discharge of Their Debts' got pushed to the middle of June.
            "To go bravely forward is to invite a miracle."

            "Worry is the darkroom where negatives are formed."

            Comment


              #7
              Originally posted by AngelinaCat View Post
              Your Discharge date can, indeed be pushed back.

              Ours was, once the trustee decided that we had assets. Our 341 was February 7, 2008; our Discharge date should have been in April. Instead, the last d,ate for our 'Creditors to Object to the Discharge of Their Debts' got pushed to the middle of June.
              So, I guess I will just have to wait and see what happens?????

              Comment


                #8
                The discharge date can be pushed on Motion by the Trustee or United States Trustee (UST). It doesn't happen that often unless there are questions regarding your overall dischargeability (in the Chapter 7 case). This could be that there is more information that the Trustee/UST wants to gather or conduct a Rule 2004 examination. While it is unlikely to be delayed, there certainly is a last minute possibility.

                Otherwise, your discharge will come normally. If they don't move the date by the current dischargeability "bar date", then they can no longer extend it. The dischargeability bar date is the line in the sand!
                Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                Status: (Auto) Discharged and Closed! 5/10
                Visit My BKForum Blog: justbroke's Blog

                Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                Comment


                  #9
                  I don't mean to disagree, JB, but there are no motions in our paperwork that I can see.
                  "To go bravely forward is to invite a miracle."

                  "Worry is the darkroom where negatives are formed."

                  Comment


                    #10
                    This is true in our case. I don't know what you are versed in, but we sure had a lot of errors and troubles. As matter of fact, I called our Trustee who could not talk to me directly until I stated, I am suing to go pro se'. He then restated to me "I understand, you are going pro se', so I will talk to you.". That being said, after all our problems and a very kind Trustee, we worked out our situation which cost us 10.5K more. No extension of time on paper. It just happened, but it could have been due to our circumstances.

                    Once we filed to go pro se', and at the hearing with EVERYONE there (our bad lawyer, our Trustee, the UST, our Trustee, etc.) the judge kindly stated, Mr. xxxxx do you realize that if you go pro se', it will lengthen your discharge? I am discharging you soon. Do you wish to continue. WELL, what could I say???? 'Hub
                    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                    Comment


                      #11
                      Originally posted by AngelinaCat View Post
                      I don't mean to disagree, JB, but there are no motions in our paperwork that I can see.
                      If that's the case, then it would be unique. There is nothing that stops the discharge from coming after the "dischargeability bar date" which is 60 days from the first scheduled 341 Meeting of Creditors, with the exception of either a Complaint to Determine Dischargeability or a dismissal. The motion could also have been "oral" during a hearing and the extension may have been granted during the hearing.

                      I have just never seen a discharge date move unless someone motioned the court (orally or by paper) to move the date, and the court allowing it to be moved. At least this is the rule under Rule 4007.
                      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                      Status: (Auto) Discharged and Closed! 5/10
                      Visit My BKForum Blog: justbroke's Blog

                      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                      Comment

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