top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

It's official, I have my discharge!

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    It's official, I have my discharge!

    I just checked Pacer and I have my discharge paper Just want to say a big thanks to the contributors on this board. Though I didn't post much during this process, I did read a lot to calm the nerves.

    Just a little background, I lost my job and unemployment was not enough to cover my monthly obligations. I had a lot of credit card debt (years of surviving, helping others, etc) that I had been trying to pay off for at least the last 8 years. The majority of cards were closed in 2008, I was merely treading water, and in 2011, I stopped paying on half of the cards because I just couldn't meet my other obligations. These cards were charged off, and my plan was to try and settle with the cc companies. Then I became unemployed and I wasn't able to pay the remaining credit cards and stopped all use in August 2012. In April 2013, I became aware that a process server was trying to reach me in regard to an AMEX debt, that is when I realized that I needed to do something, and considered the bk route. My focus all along was to find another job then settle my delinquent debts,but unfortunately the job market wasn't good in my area. I met with a bk attorney and decided to file. I "avoided" the process server on several occasions until my bk was filed. My spouse refused to file with me, we didn't have any joint debt.

    I filed in July, had my 341 in August. I posted a little about my meeting here:
    bkforum.com/ showthread.php?80675-341-meeting-next-week

    Other thoughts on my 341 meeting.

    I was scheduled for later in the morning and I arrived about a 1/2 hour early in order to see how the process worked. When I got there I was advised by others that they were still talking to the first person at the 9 o'clock hour, it was about 10:30. This individual appeared to have filed a chap 13 without his spouse. Appeared to be a complicated case full of property sales, lawsuits, etc. He also had "creditors" show up. Finally about 11, they finished with him, I believe they continued the meeting for another date, as it was taking so long. There were several complicated cases schedule for this day and once they were done with this guy, the Trustee moved them to later in the afternoon in order to get the other scheduled ones done first.

    Before calling the next person, the Trustee address those waiting: he advised that if we received a tax refund prior to filing, he would be reviewing it, and if he determined that he would be taking some of it, he would send a letter within 10 days of the meeting. He also advised that we are required to send him a copy of the 2013 tax return when filed. He touched base on inheritances, insurance funds, etc with in 180 days of filing. He also advised to have id and ss card ready.

    There were at least 3 individuals who didn't have their ss cards. He advised them he would continue the meeting for two weeks unless they got him a copy.

    The trustee asked questions first then the US trustee would come up and start asking questions, followed by any creditors.
    The US Trustee was questioning a lot of BK Attorney Fees, Fees paid to the counseling course and credit card debt.
    He even grilled one attorney as to why his client only paid 5.00 for her counseling course.

    The only time he left the room was when a pro-se filer was called up. That was actually the smoothest one of the morning. The Trustee asked her how she knew how to file and she said she researched online and her brother helped her(he filed pro se a couple years prior) She was actually in and out of there in 5 mins tops.

    It was my turn and things seem to be going well until the US Trustee started asking questions. First he wanted to know why my attorney didn't list his fees?: what the heck?,(I reviewed my docs before filing so I don't know what was up with that) then he questioned why I didn't complete my pre-filing credit counseling course, nothing was listed! I spoke up and provided the name of the company and how much I paid. My attorney left that off too. (okay now I am getting worried, my atty clearly has some issues)

    He then started questioning my marital situation, my credit card debt, medical debt, my involvement in my husband's business, etc. I had provided three years worth of tax returns/books and provided all this to my attorney before filing. The trustee started looking at his laptop and was talking about stuff and I realized he wasn't looking at my tax returns, he was looking at someone else's. Then my attorney started saying that he sent him everything and will send it again. The Trustee seems okay with that and then the US Trustee started his questioning. He didn't seem to believe that the cards were closed and not used for many years and wanted three years worth of credit card statements.

    After the meeting I sent requests to all of the credit card companies and some of them sent me the statements, which I forwarded on to my attorney and trustee. I was advised by my attorney to not pay for statements (I didn't have the money anyway, still unemployed then) At one point in email correspondence, my attorney advised the trustee that he told me not to pay for statements and the trustee questioned why I was getting statements. My attorney told him the US Trustee requested. After that I never heard anything else about statements or requests for any other information.

    Since the meeting there has been no updates to Pacer except for my attorney filing my pre-discharged credit certificate. Well that is until today, I have my my notice of discharge It's says awaiting closing, but the trustee still hasn't filed the "no assets verbiage", I have a feeling my case won't close until I provide a copy of my 2013 tax return. Another individual who had this same trustee last year, wasn't closed out until after she provided the tax return and it was almost a year after her discharge. I hope that is not the case for me, but I am just happy to have the discharge at this point.

    On a positive note, I finally got a job two weeks ago This was the first time I was unemployed and I hope to never have to experience that again. If I had it to do all over again, I would have filed a long time ago. I'm talking years, but I am ready for my fresh start!

    #2
    Great news on both job and discharge. I hope you can finally exhale.....I'm day 47 and I'll continue to hold my breath the next few days.

    Comment


      #3
      Wow, my trustee said nothing at all about sending a copy of tax return. Is that a jurisdictional type law? Not that I mind doing it, but I thought once the discharge comes you are DONE! I have never even heard of the term "awaiting closing", because as I said, I thought things were over when the discharge was filed.

      Comment


        #4
        edit:double post

        Comment


          #5
          Thank you! mlevesque308 ,Yes I actually felt a calm come over me when I saw the notice. But knowing me.. I truly won't exhale until it's closed. Hang in there two weeks will be here before you know it!

          Comment


            #6
            Originally posted by brokehmowner View Post
            Wow, my trustee said nothing at all about sending a copy of tax return. Is that a jurisdictional type law? Not that I mind doing it, but I thought once the discharge comes you are DONE! I have never even heard of the term "awaiting closing", because as I said, I thought things were over when the discharge was filed.
            I don't know if it's jurisdictional? I only know that is what he told the entire room and he also reminded me before my meeting was officially over.

            Comment


              #7
              way to go let the dancing begin

              Comment


                #8
                Congrats to you and your new start! Thanks for sharing your story!
                Filed Ch 13 Feb 9, 2012, 341 meeting Mar 15, 2012, Confirmed Apr 5, 2012
                Anticipated freedom party Apr 2015

                Comment


                  #9
                  CONGRATULATIONS!!!!! What a way to start the week: A New Start, AND a New Job! Excellent!!!! Here you go:

                  Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube.


                  "To go bravely forward is to invite a miracle."

                  "Worry is the darkroom where negatives are formed."

                  Comment


                    #10
                    Originally posted by brokehmowner View Post
                    Wow, my trustee said nothing at all about sending a copy of tax return. Is that a jurisdictional type law? Not that I mind doing it, but I thought once the discharge comes you are DONE! I have never even heard of the term "awaiting closing", because as I said, I thought things were over when the discharge was filed.
                    The main thing IS the Discharge, but your case really isn't over until it is CLosed.
                    "To go bravely forward is to invite a miracle."

                    "Worry is the darkroom where negatives are formed."

                    Comment


                      #11
                      Thanks everyone!! It's funny I felt like the hamsters in that video when I had the discharge in hand. I finally got a hard copy in the mail. My attorney never notified me that I was discharged.

                      Comment


                        #12
                        Congrats!

                        Comment


                          #13
                          Originally posted by brokehmowner View Post
                          Wow, my trustee said nothing at all about sending a copy of tax return. Is that a jurisdictional type law? Not that I mind doing it, but I thought once the discharge comes you are DONE! I have never even heard of the term "awaiting closing", because as I said, I thought things were over when the discharge was filed.
                          My case was discharged on 10/9/13 but i'm still awaiting closing myself.

                          Comment


                            #14
                            Congrats!!
                            Chapter 7 filed: 5/12/13 (over median - no asset) | 341 Hearing: 6/12/13 (Bass & Associates appeared for Best Buy) | Report of No Distribution: 6/12/13 | Discharged 8/18/13 | Case Closed: 8/18/13

                            Comment

                            bottom Ad Widget

                            Collapse
                            Working...
                            X