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Debtor's Statement of Intention?

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    #1

    Debtor's Statement of Intention?

    Hi everyone!

    I filed on 11/15/2011 and it has been 62 days since my 341 meeting. On pacer it shows awaiting discharge for the status but I noticed something on my deadline/schedule today. It shows that I am missing the Debtor's Statement of Intention... I only have credit card debt; no car or home. Will this be a problem? I am kinda nervous... It shows that it was due on 12/15/2011!

    Any suggestions?
    Tags: None
    #2
    I don't think it's a problem since you listed no secured debt on Schedules D, E, or any contracts on G. If not, you should have already received a 11 USC 521 notice of noncompliance.

    I would not worry that it's 62 days. California is notorious for running late. However, the key goal is actually crossing that day 60 past the 341 Meeting. As a review, this is known as the last date to file a complaint to determine dischargeability. We call this the discharge bar date. Once you cross that date, your discharge should be issued as quickly as the court can. No creditor, or Trustee, may file a complaint after that date, alleging that the debt or you shouldn't be discharged. (There is one exception and that is for actual fraud.)

    Did you check the "flags" under Case Summary?
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment

      #3
      I just checked the case summary and there wasn't anything there that looked weird or flagged...

      Comment

        #4
        JB is correct that the statement of intention is not required if you don't have secured debt. See BK Code Section 521(a)(2): http://www.law.cornell.edu/uscode/text/11/521
        LadyInTheRed is in the black!
        Filed Chap 13 April 2010. Discharged May 2015.
        $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

        Comment

          #5
          Call the clerk of your BK Court and ask to speak with your case worker. Have your case number in hand, as that determines which case worker you are assigned to. Ask this person if there are any problems with your file, or if anything is missing. She or he will be able to tell you and let you know if you need to do anything.

          Good luck to you!
          "To go bravely forward is to invite a miracle."

          "Worry is the darkroom where negatives are formed."

          Comment

            #6
            Thanks for all your help. I really appreciate it!

            Comment

              #7
              Just checked today and looks like I was discharged!!! Checked my credit score and it went from a low of 555 to 645!!! Is that normal?

              Comment

                #8
                Nice! good for you!

                Keep On Smilin'

                Comment

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