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last day for objection 3/5/07-still not discharged

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    last day for objection 3/5/07-still not discharged

    Is this normal? I have a no asset case, no flags, everything went great. Pacer says 93 days in status. Awaiting discharge. How long after am I supposed to get discharged? I thought it was immediately.

    #2
    Originally posted by pete7226 View Post
    Is this normal? I have a no asset case, no flags, everything went great. Pacer says 93 days in status. Awaiting discharge. How long after am I supposed to get discharged? I thought it was immediately.
    If you filed with a lawyer, ask your lawyer what's causing the delay.

    If you filed pro se (on your own without a lawyer), then call the clerk in the bankruptcy court where you filed and *very politely* ask him/her about your case status. Often it's that the trustee has your paperwork buried in a tall pile with other cases - with a prompt from the court clerk, he/she pulls it out and voila! You're discharged! Please keep us posted about what happens. Hope your discharge comes through very soon!
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      In our Court here, the Court computer kicks on a week after the last day for Objections, and auto-generates the Discharge right around midnight.

      From what I understand, very few Trustees do the actual Discharge themselves. So give it a week or so. If nothing shows on PACER, call the Clerk of the Court and see what the hold up is. Clerical errors do happen.
      Filed Ch 7 - 09/06
      Discharged - 12/2006
      Officially Declared No Asset - 03/2007
      Closed - 04/2007

      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

      Comment


        #4
        Sorry, pete - my mistake. I mis-read 2/5/07 as your late day for objections...duh! SF is right - give it another week or two. The wheels of justice grind at their own pace. Be happy that your objection period is up and there's no barriers to your discharge and closing!
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

        Comment


          #5
          Originally posted by lrprn View Post
          Be happy that your objection period is up and there's no barriers to your discharge and closing!
          That is SUPER important. Getting thru the 60 days.

          Posting the Discharge should be merely a formality at this point.
          Filed Ch 7 - 09/06
          Discharged - 12/2006
          Officially Declared No Asset - 03/2007
          Closed - 04/2007

          I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

          Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

          Comment


            #6
            Thanks everyone, Ill keep my nerves at bay for awhile longer.

            Comment


              #7
              I was sopposed to be Discharged Jan 12, but it came Jan 26th ! So don't feel too bad ! Just waiting for the actual CLOSING !

              CMIYC
              July 2006: Filed Ch13 :blink:
              Oct 2006: Converted to Ch7 :clapping:
              Jan 2007: DISCHARGED :clapping:
              Nov 2007: CLOSED :yahoo::yahoo::yahoo:

              Comment


                #8
                I waited a month after my last day for objections and then when I didn't have my discharge yet I shot my lawyer a quick email. He quickly found that he had forgotten to file our debtor education class. We were discharged the next day.

                I wouldn't worry too much about things yet. I'd give them a few weeks after your last day for objections and you will probably see your discharge. If you still don't have it, contact your lawyer and I'm sure things will quickly happen.

                Best of luck.
                Filed: 10/26/2006
                Discharged: 03/05/2007
                Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund

                Comment


                  #9
                  Thanks, hopefully it will be done this week.

                  Comment


                    #10
                    Is this what I think it is> pacer says 3/12/07 request for discharge order-awaiting closing in status. AM I discharged???:0:0

                    Comment


                      #11
                      Hmmm .. here's EXACTLY what mine says:

                      Discharge of Debtor(s)
                      BNC Certificate of Mailing of Discharge of Debtor(s)

                      Awaiting Closing!

                      YOURS is saying "REQUEST," but it seems to me they are awfully CLOSE to Discharge and CLOSING soon thereafter!

                      Others will CHIME in!

                      Best Wishes, CMIYC
                      July 2006: Filed Ch13 :blink:
                      Oct 2006: Converted to Ch7 :clapping:
                      Jan 2007: DISCHARGED :clapping:
                      Nov 2007: CLOSED :yahoo::yahoo::yahoo:

                      Comment


                        #12
                        Checked Pacer today and is says 3/12/2007-Discharged under case summary. And in docket reports it shows the BNC certificate for discharge. I guess now I'm officially discharged? How much later is closing usually in a no asset case? CAn I use my tax refund if the trustee didnt ask for it. I disclosed it thru my attorney, but he never said anything about it.

                        Comment


                          #13
                          We were discharged 1 day, and then the Clerk of the Court mailed our Discharge notice out 3-4 days later. If you check PACER over the weekend, or early next week, you'll probably notice a new date for that.

                          Closing is anybody's guess. It's an Admin thing that happens whenever the Clerk of the Court gets around to it. Your Closing could come at the same time your Discharge is mailed. Could be a month from now. There's really no rhyme or reason to Closing.
                          Filed Ch 7 - 09/06
                          Discharged - 12/2006
                          Officially Declared No Asset - 03/2007
                          Closed - 04/2007

                          I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                          Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                          Comment


                            #14
                            Did the trustee file a no asset report? If so, then your tax refund is yours 30 days after the filing of the no asset report, or at closing, whichever comes first.
                            DISCLAIMER: I am not an attorney. My posts are not legal advice. They are for information only. Please feel free to use them in an academic sense, as I simply wish to share with you what I have learned/researched.

                            Comment


                              #15
                              Yes its a no asset case. Was posted on Pacer after the 341 meeting on 1/5/07. Awesome, at least I have something to start a savings account from, great news! I wish my attorney responded as fast as everyone on this board. I left her 4 messages starting last friday and I still haven't received a call back yet. Thanks everyone.

                              Comment

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