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    Frustrated

    ok..so i just have to vent a bit here.

    Our file date was 7/24/06
    Our 341 meeting was 9/13/06
    Our first deadline was 10/30/06, but an extension was files until 11/17/06.

    So now...it is 11/26 and on PACER there is no additional filings for an extension by the Trustee or anything. How long should i expect to wait for a discharge? I just want this to be OVER so we can begin re-building our credit....

    We also are in the prcess of losing our house because we could not afford the payments. I have some investors wanting to do a short sale, but i am not doing ANYTHING until my case is discharged...

    #2
    Has the Trustee filed his "no distribution" report yet? You'd see that on Pacer.

    Discharge will happen shortly after that report is filed.

    Comment


      #3
      To the house,........... Did you include it in your BK?? Hopefully you did so you won't be held responsible for any deficient balance.

      Either way, you'll have to get permission/approval from the Lender to do a Short Sale. You cannot simply negotiate a deal like that where the Lender does not get paid in full what their owed on your own.

      Since you aren't seeing any new postings on PACER and it's beyond the latest date for Objections, you might call the Clerk of the Court and ask nicely what's going on. Sometimes, a gentle nudge to the Clerk of the Court is all it takes. The Clerk contacts the Trustee and you get your case Discharged so you can move on with your life.
      Filed Ch 7 - 09/06
      Discharged - 12/2006
      Officially Declared No Asset - 03/2007
      Closed - 04/2007

      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

      Comment


        #4
        all it sayd is this:

        Date: 9/14/06

        Category:trustee
        Event: Trustees No Distribution Report (NO DOCUMENT)

        what does this mean?

        Comment


          #5
          A Trustee's report of No Distribution means after the 341 means the Trustee didn't find any assets to distribute to your Creditors. Basically, the Trustee "officially" said you were a "No Asset" case.

          Getting a "No Asset" report is one thing. Discharge is another.

          We haven't gotten our "No Asset" report yet. And we won't until the Trustee sees our income taxes after we file next spring. Our attny says the Trustee usually goes for income tax refunds in excess of $1000. Depending on how much income tax refund we get, if any, will determine how quickly after we file our taxes that the Trustee will close our BK.

          Our Discharge date, however, is 12/11/2006. Barring any last minute Objections or extensions by the Court, that's when our debts will be discharged.

          Discharge is what you're looking for. Closing your BK is rather an administrative formality. The Trustee has completed all the distribution of assets and paperwork associated with you BK.

          Do you know why there was an extension filed on your case??
          Filed Ch 7 - 09/06
          Discharged - 12/2006
          Officially Declared No Asset - 03/2007
          Closed - 04/2007

          I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

          Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

          Comment


            #6
            our atty. said that it was requested just so the trustee could review of all of the paperwork since the laws have changed, and the volume of the paperwok has increased significantly.

            the only other weird thing is that the order for the extendion said it was regarding a motion to dismiss under section 707 and regarding a complaint objecting to the debtor's discharge under section 727.

            and..since the proginal filing deadline was 10/30/06, the above mentioned order allowed them an extension to 11/17/06. wel...that has now expired and there have been no other entries into PACER noting any other extensions or anything. when my atty finally called back, she said we had nothing to worry about...it was just a paperwork technicality.

            so now we wait.....i just want this to be over...

            Comment


              #7
              Your final date was a week ago Friday. And, the Court had a short week this week due to the Holiday. So even tho nearly 10 days have passed, only 3 business days have elapsed.

              Maybe give it until the week of Dec 4th-8th. If you don't see an update on PACER then try giving a call to the Clerk of the Court. Many times, you can find the phone number on the Home Page of your Court's website.
              Filed Ch 7 - 09/06
              Discharged - 12/2006
              Officially Declared No Asset - 03/2007
              Closed - 04/2007

              I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

              Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

              Comment


                #8
                WOOOOOOOOOOOOOOOOOOOO HOOOOOOOOOOOOOOOOOOOOOOO!!

                Our case was discharged today. Just got the info. off of PACER.

                DISCHARGED and CLOSED 11/27/06.

                Thank God!

                Happy Holidays!

                Comment


                  #9
                  CONGRATULATIONS!!!!!!!!!!!


                  Originally posted by monkeybrunch View Post
                  WOOOOOOOOOOOOOOOOOOOO HOOOOOOOOOOOOOOOOOOOOOOO!!

                  Our case was discharged today. Just got the info. off of PACER.

                  DISCHARGED and CLOSED 11/27/06.

                  Thank God!

                  Happy Holidays!

                  Comment


                    #10
                    Congrats!!!!!!! I cant imagine a better Christmas present.
                    To err is human. To really mess things up, you need a computer.

                    Comment


                      #11
                      Congrats, MB!!
                      Filed Ch 7 - 09/06
                      Discharged - 12/2006
                      Officially Declared No Asset - 03/2007
                      Closed - 04/2007

                      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                      Comment


                        #12
                        Hi everyone! Is that the norm to get discharged and closed at the same day? I always thought once you are discharged you still had to wait a while for it to close.

                        Comment


                          #13
                          Hi Sophie! It varies by state - but in NY, a no asset case is discharged and closed the same day 99.9% of the time!

                          Comment


                            #14
                            Originally posted by saucey View Post
                            Hi everyone! Is that the norm to get discharged and closed at the same day? I always thought once you are discharged you still had to wait a while for it to close.

                            My case was discharged and closed on the same day
                            To err is human. To really mess things up, you need a computer.

                            Comment

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