Dsicharge

[gerib38]

I received a letter from my attorney saying that all my monies were paid and he is going to request a discharge...i thought i still had until July of 2011 to pay... i have not asked my attorney about this but is it possible it was all paid and ill b done early or is it just that hes getting ready early?? Ill b so glad to b done with this

[tobee43]

well...you may have to call your atty...as he's or she's not the one the requests the discharge.

first you file your petition, next your go to your 341 hearing...then you wait 60 days for anyone to object or filing a claim against the close or your case.

you could receive a discharge if the trustee after the 341 is satisfied with your situation...however, that does not necessarily mean your case is "closed" or released from the trustee...that's a "second" document...which is referred to as a signed order of motion of no assets and no distributions...depending on where you live it's called different names.

however, you atty...is not the one that decides...it's the trustee.

best of luck!

[garyp15]

well...you may have to call your atty...as he's or she's not the one the requests the discharge.

first you file your petition, next your go to your 341 hearing...then you wait 60 days for anyone to object or filing a claim against the close or your case.

you could receive a discharge if the trustee after the 341 is satisfied with your situation...however, that does not necessarily mean your case is "closed" or released from the trustee...that's a "second" document...which is referred to as a signed order of motion of no assets and no distributions...depending on where you live it's called different names.

however, you atty...is not the one that decides...it's the trustee.

best of luck!

Tobee,

I received a signed discharge from the judge 61 days after my 341. HOWEVER, according to PACER, there is not a report of no distribution, no interim report, and nothing showing that the trustee has dismissed herself from my case. PACER shows me as awaiting closing. Everyone is telling me that this is simply an administrative situation and the fact that I have the signed discharge means everything is ok. I can't help but worry...what do you think? BTW ....I am in Florida.

[tobee43]

gar....the very worse scenario would be the trustee may have some further questions with respect to your assets. she hopefully may just be running behind.

we filed in florida as well...both our discharge and order of no asset distribution were in the same envelope. however, it does not work the same for everyone. my feeling about this...is no news is good news...however, call you atty's office asap...have them call the trustee's office and check the status.

i know the atty we used spoke daily with the trustee's in their firms district and i suppose that's one of the reasons we hire them.

just for "peace" of mind, call the atty's office and ask THEM to check your status and PLEASE don't drive yourself nuts with PACER.

[wnguyen]

Tobee,

I received a signed discharge from the judge 61 days after my 341. HOWEVER, according to PACER, there is not a report of no distribution, no interim report, and nothing showing that the trustee has dismissed herself from my case. PACER shows me as awaiting closing. Everyone is telling me that this is simply an administrative situation and the fact that I have the signed discharge means everything is ok. I can't help but worry...what do you think? BTW ....I am in Florida.

My discharge is shown up in pacer last week and yesterday I got a notice from the bk court that I was discharged, this was an automatic discharge and in the letter, only the judge's name is on it without his signature. Seems like it has been automatically generated by the computer or the system and my status is awaiting closing 8 days since. I didn't get any legal document/paperwork about the trustee's report of no distribution nor the abandoned asset order. I think I'm gonna call my lawyer to find out.

[tobee43]

My discharge is shown up in pacer last week and yesterday I got a notice from the bk court that I was discharged, this was an automatic discharge and in the letter, only the judge's name is on it without his signature. Seems like it has been automatically generated by the computer or the system and my status is awaiting closing 8 days since. I didn't get any legal document/paperwork about the trustee's report of no distribution nor the abandoned asset order. I think I'm gonna call my lawyer to find out.

wn...LOL!!! it's ok...most never come together on the same day...actually many times they could be weeks or a month or two apart. so no worries.

yes, you would think the judge would have signed your discharge...but it's that piece of paper that matters more than anything...with the DATE...the DOCKET number etc. actually ours was like a pre-printed signature...doesn't even look real...if that makes you feel better...

[wnguyen]

Thank tobee. You made feel much much mucho better now LOL As long as I got that piece of paper and no legal obligation to deal with creditors, I'm happy. Speaking of creditors, I got 2 phone calls from the 2 numbers I know pretty well months ago, wonder what and why they're calling for?

[gerib38]

I realize that my lawyer does not decide... i am just saying i got the letter from my lawyer to request the discharge ... i already took the class that i was required to take at the end of the bk ... i did not realize id have to go to another meeting at the end... i just will be glad when it is over

[tobee43]

Thank tobee. You made feel much much mucho better now LOL As long as I got that piece of paper and no legal obligation to deal with creditors, I'm happy. Speaking of creditors, I got 2 phone calls from the 2 numbers I know pretty well months ago, wonder what and why they're calling for?

yeah...some just don't stop calling...it takes them a while to catch up on the bk discharges and if the calls continue i would answer at least once and let them know the are in violation of the the FTC and they are going to be reported asap...as well as provide them with your docket number and block their number if you can. it's very cool...for some reason here where we moved we can block numbers!!! and although we never told anyone where we were moving to, which was out of state, we have an unlisted number that no one had...ever...so the funny thing was we kept seeing calls via the caller id...from boa ...chase...discover..blah blah...we are like what????

you ready for this...the NEW phone number we got from the phone company the previous people owned everyone and THEIR mothers...and when we did answer and tell them that our names are NOT even in that half of the alphabet..they still insisted on calling us mr. and mrs...so and so...!!!! i finally did file 3 complaints and also called the FTC about the situation since it's a wrong number scenario and i think finally they have stopped.

but don't be surprised if they continue for a while.

[tobee43]

I realize that my lawyer does not decide... i am just saying i got the letter from my lawyer to request the discharge ... i already took the class that i was required to take at the end of the bk ... i did not realize id have to go to another meeting at the end... i just will be glad when it is over

i didn't say "decide" i said request.

[gerib38]

Well maybe i didnt read i correctly ...