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Just days away from discharge...NERVOUS!

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    Just days away from discharge...NERVOUS!

    We did our online discharge debtor education yesterday. I emailed our atty's paralegal to let her know it was done, and asked if we needed to do anything else. She emailed back and said there was nothing else that we needed to do, except "keep our fingers crossed about the income issue". WHAT?! At our 341 meeting the trustee asked us to submit our income tax return, which we did. Shortly thereafter, he entered his "no asset, no distribution, reccomendation for discharge" stuff onto PACER. Today, the paralegal tells me that the US Trustee (different from the trustee we met with) has to sign off on the case, as well. My question is: If there were no assets or distributions and the trustee reccomends discharge, doesn't that qualify the the "no presumption of abuse"? If he felt like the presumption of abuse existed, would he have reccomended the case for discharge? And since our last day for objections is in 5 days, wouldn't we have seen something from the US Trustee by now?

    Thanks in advance
    4/7/07 Filed Ch7 :unsure:
    6/6/07 341 meeting done :blink:
    8/5/07 last day for objections :yes2:
    8/23/07 DISCHARGED!!! :yahoo::yahoo::yahoo:

    #2
    LOL, don't worry this is normal stuff that ever filer has to go through, you will be fine. Find something to keep your mind off everything for five days. These five days will go faster that way
    Success is reachable, stretch out your arm and grab it.

    Comment


      #3
      You should be fine

      Remember that the paralegal and lawyers have to prepare you for the worst even though that doesn't happen but in a very small percentage of cases.

      You should be cool and fine Sit back and relax
      May 31st, 2007: Petition Filed by my lawyer
      July 2nd, 2007: 341 Meeting Held
      September 4th, 2007: Discharged and Closed.

      Comment


        #4
        Sounds like something involving income in your case caught the US Trustee's attention, BIM. He/she will do his/her own independent evaluation of your case. Do you see anything filed from the US Trustee on PACER?

        Since your local trustee didn't find anything out of order, chances are good that all will be well. Your lawyer is obviously keeping an eye on things for you.
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

        Comment


          #5
          We were over the median income by about $4K. But on the schedules, we came out "in the red". At our 341, the trustee asked us about our 2006 taxes ( we filed our taxes AFTER we filed our BK, so they weren't in the paperwork submitted by our atty). We submitted them the next day, and a week or so later, our trustee entered his "no assets, no distributions, recommend discharge" info on PACER. Our last day for objections is this Sunday. There is NOTHING new on PACER, since our trustee's recommendation for discharge.

          With time being short (only 3 business days left), wouldn't you expect that the US Trustee would've filed something before now? There has been nothing from a US Trustee on our PACER.

          I wasn't nervous at all...until that email from the paralegal today. I thought we were in the home stretch....since nothing new has shown on PACER....ugh!!!!
          4/7/07 Filed Ch7 :unsure:
          6/6/07 341 meeting done :blink:
          8/5/07 last day for objections :yes2:
          8/23/07 DISCHARGED!!! :yahoo::yahoo::yahoo:

          Comment


            #6
            Again, don't worry. At this point there is nothing you can do and I am sure you will be fine. Do not listen to anything negative. I betcha you will get discharged.
            Success is reachable, stretch out your arm and grab it.

            Comment

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