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6 months before discharge? Since when???

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    6 months before discharge? Since when???

    I thought that once the 60 day wait was up, the discharge went through? My lawyer says it takes 6 months from the date of filing before it gets discharged.

    Anyone else have this be the case? We filed Ch 7 if that makes a difference.
    CJ
    341 on 8/3, determined NO ASSET
    60 day wait was over on 10/3/08. Discharged 12/23/08

    #2
    The 60 days is from the first meeting of creditors, known as the 341 Hearing, which I see (by your siggy), your 341 was on 08/03/08........so.........you should be discharged if there were no reasons to extend this date. Do you have access to PACER?

    Strange how you haven't been/received a discharge.
    Bankruptcy History:
    Chapter 7 filed - 10/12/2005 - Asset
    Discharged - 02/16/2006
    Case Closed - 11/08/2007

    A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

    All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

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      #3
      Yes, I checked PACER and nothing so far.
      I do have a reaff. pending on my house. could that be why it's delayed? The paralegal says BKs take 6m to disharge.... Weird
      CJ
      341 on 8/3, determined NO ASSET
      60 day wait was over on 10/3/08. Discharged 12/23/08

      Comment


        #4
        Clear cut Chapter 7 cases- no assetts , no objections from creditors, etc. should discharge a few days after the last day of objections, 60 days after your 341 hearing. Maybe someone is messing with your reaffirmation issue.
        Paralegals usually don't know what they're talking about.

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          #5
          Originally posted by magyar123 View Post
          Clear cut Chapter 7 cases- no assetts , no objections from creditors, etc. should discharge a few days after the last day of objections, 60 days after your 341 hearing. Maybe someone is messing with your reaffirmation issue.
          Paralegals usually don't know what they're talking about.
          that's what I was thinking. Maybe the girl just didn't have a clue?

          I'm not necessarily in a hurry, I just want it to be done. We've been dealing with filing since last December when we stopped paying our debts in anticipation of filing. it's been a long time!
          CJ
          341 on 8/3, determined NO ASSET
          60 day wait was over on 10/3/08. Discharged 12/23/08

          Comment


            #6
            We are an asset case, and had our 341 on Feb. 7, 2008. We didn't get Discharged until Aug. 13, 2008. Why the hold-up? First we were ruled an asset case in March. Our Discharge date should have been in April, but being ruled an asset pushed it back until June 12. Still no Discharge. When I called the BK Clerk of Court's office, we found that the hold-up was the fact that there wasn't a copy of our Marriage License in our paperwork. Mrs. and I use different names. We had a copy of it at our 341, and had an extra copy for the trustee, but he said he didn't need it so, that little detail held us up.

            We will not close until sometime after April 1, 2009, after wi finish buying our stuff back.
            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


              #7
              We filed in April, 341 in June, kept calling (our court has a call in service free) and we are finally DISCHARGED!!!!! on Oct 19 but awaiting closing, yea, more waiting lol
              Lawyer kept saying courts are swamped.
              Alan

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