My 60 days is up post 341 meeting, still no discharge.

[duraflame]

It's actually 63 days as of today and as I log into PACER nothing has been updated showing Discharged. Is this normal? I really want to get this done before the end of the year. It's a Chp 7 no asset case and I've had no objections at all. Just getting very very anxious!

[justbroke]

Of course I will say... the big due date has passed and that was actually the 60th day. No longer can the creditor or UST seek to deny your discharge (due to something other than actual fraud). Now it is just an administrative task. You may want to look in PACER at your Case Status and check your FLAGS. Go ahead and tell us what FLAGS are on your case. I'm sure that you completed the 2nd Financial Management course and sent in the certificate to your attorney -- as that could be one of those things to hold up the actual discharge.

The discharge is only said to be issued with all due haste after the 60 days elapse. In some Districts, the discharge comes on the 61st day; still in others, it can take an additional 30 days due to an overloaded court.

[duraflame]

I don't see a FLAGS option under Status in PACER. I did complete my second financial course. Below are my options:

Alias
Associated Cases
Attorney
Case Summary
Claims Register
Creditor
Deadline/Schedule
Docket Report ...
Filers
History/Documents
Notice of Bankruptcy Case Filing
Party
Related Transactions
Status
Trustee
View Document

[justbroke]

Click "Case Summary" and then there will be a line which reads "Flags".

[duraflame]

Nothing on that summary says FLAGS.

[justbroke]

This is how my flags read...

Pending status: Awaiting Confirmation Hearing ,Case Closed
Flags: CONVERTED, REAF, ADV, CLOSED

[duraflame]

this is all mine says Pending status: Awaiting 341 Meeting

[gregemm]

Could Flags be only used in certain regions or certain cases? Mine also does not show it. I've got Pending Status: Pending close, next information is the trustee into

[justbroke]

You may not have any flags. I believe that it doesn't show if there are no case flags.

[justbroke]

Try calling the Clerk of the Bankruptcy Court tomorrow morning and ask for your case manager. Then just ask if the discharges are taking longer or is there something on your case that needs attention. Sometimes, they'll issue the discharge right over the phone. (Please don't get your hopes up on an "over the phone" discharge. It does happen, but it is really a District-specific process.)

[kawh]

I thought the trustee had to issue a report before the debtor could receive a discharge. It sounds like there has been no report from the trustee after the 341? The trustee made a report of no distribution the day after the 341 in my case.

[justbroke]

I thought the trustee had to issue a report before the debtor could receive a discharge. It sounds like there has been no report from the trustee after the 341? The trustee made a report of no distribution the day after the 341 in my case.

This is why it may be procedurally required in that specific District. My District does not require a Final Report in order to discharge a no-asset case. In fact, my final report didn't come until 5 months after my discharge (8 months from conversion).

For example, some Districts, like mine, use the auto-discharge and auto-close feature in CM/ECF (PACER). The system, short of any flags which prevent discharge, will automatically issue the order discharging the debtor. In other Districts, they may require it to be done manually (with a tickle date) and still others may require the "interim" or "final" report to be in hand. Please note that the no-distribution report is really a closing document (meaning there are no assets to administer) and has nothing to do with discharge. Even given that the no-distribution report is not a discharge related report, a District may have a local process where they require an interim or no-distribution report in all cases before discharge.

Well, enough speculating on my part!

[duraflame]

Try calling the Clerk of the Bankruptcy Court tomorrow morning and ask for your case manager. Then just ask if the discharges are taking longer or is there something on your case that needs attention. Sometimes, they'll issue the discharge right over the phone. (Please don't get your hopes up on an "over the phone" discharge. It does happen, but it is really a District-specific process.)

I'll try calling tomorrow. Mine also was updated with a report of no distribution the day after the 341 as well.

[Pjmax]

Duraflame, Pacer for me read the same as yours. I saw nothing change after the Report of No Distribution, then, suddenly one day, discharged and closed. Also, I did notice the discharge was on day 91 from my filing date, which was a few days longer than counting 60 from the 341.

[sophieanne]

This is how my flags read...

Pending status: Awaiting Confirmation Hearing ,Case Closed
Flags: CONVERTED, REAF, ADV, CLOSED

Hi Justboke...of course i had to go look at Pacer to see if there were any flags. I'm in a 13. the only flag was DOM..do you have any idea what that means?? I'm just curios. Thanks!