Just trying to keep sane, a question

[Lajazz947]

My last day for objections was June 11, 2009. No one objected

I assume that I am now in the 60 day club and now 3 weeks into it?

My TT has me as an asset case, probably going after a lawsuit that I have but the other guy was discharged as a no asset case in HIS BK so I have no clue what she thinks she is getting. She has not filed any motions as of yet.

Should my case be discharged within the 60 day mark? Does te court ever order it discharged if it takes too long?

How long can the TT keep a case open?

I need a discharge in order to start modifying my loans.

Thanks.

[justbroke]

Your case is confusing. With that many continuances, I don't know why your "last day for objections" was 6/11/2009. The discharge is granted 60 days after the first scheduled 341 Meeting. So, suffice it to say that I'm sufficiently confused.

Now as for closing... the Trustee can keep it open for 1-2 years awaiting a distribution to be made on behalf of unsecured creditors. Once the Trustee learns that there's nothing to be disbursed (no assets to liquidate), he'll usually close the case.

[Lajazz947]

Your case is confusing. With that many continuances, I don't know why your "last day for objections" was 6/11/2009. The discharge is granted 60 days after the first scheduled 341 Meeting. So, suffice it to say that I'm sufficiently confused.

Now as for closing... the Trustee can keep it open for 1-2 years awaiting a distribution to be made on behalf of unsecured creditors. Once the Trustee learns that there's nothing to be disbursed (no assets to liquidate), he'll usually close the case.

I granted an extension due to the fact that I had to amend my schedule as I was incorrectly classified as an employee while I am 1099'd so I had to submit all new income and expense figures.

There was no surprise there as I made the concession.

SHOULD I be discharged 60 days after the objection date though and what is my recourse (if any) to force a discharge even if the case is left open?

I will be happy to make a motion to force a discharge at the 60 day level if that is a remedy of mine.

[justbroke]

The last date for objections is usually the same as the discharge date in a Chapter 7. However, depending what District you're in, the discharge can take some time. Suffice it to say, that no creditor can complain after that objections date... so... it's just a matter of awaiting your discharge.

I can't remember, and this isn't in the pro se forum area, did you file pro se? If so, you may want to call your Case Manager and ask when the discharge date is and/or is there anything holding up your discharge.

[Lajazz947]

The last date for objections is usually the same as the discharge date in a Chapter 7. However, depending what District you're in, the discharge can take some time. Suffice it to say, that no creditor can complain after that objections date... so... it's just a matter of awaiting your discharge.

I can't remember, and this isn't in the pro se forum area, did you file pro se? If so, you may want to call your Case Manager and ask when the discharge date is and/or is there anything holding up your discharge.

Thanks, I have an attorney but we don't want to rock the boat.

I am going to call Wachovia and ask them what they think about this.

Even if I have an attorney can I call a case manager and inquire?

Thanks again.

[justbroke]

I am going to call Wachovia and ask them what they think about this.

Don't call Wachovia. Some attorneys don't like their client speaking to creditors without them.

Even if I have an attorney can I call a case manager and inquire?

Yes. Although they may shooo you away. But, it doesn't hurt!!!