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    Motion to Dismiss

    We have been going through this for over a year. The UST filed a motion to dismiss based on abuse. Our hearing to object to the motion was set for next week. However, the UST decided to drop his motion to dismiss. I assume this means our Chap 7 is going through? If so, how long does it usually take to get the official documents saying it's finished?

    #2
    Have you checked Pacer?
    Filed Ch. 7 June 14, 2007
    341 Meeting July 19, 2007
    Discharged September 17, 2007
    Closed September 17, 2007

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      #3
      motion to dismiss

      Rookie

      I am likely going to have a lengthy time also and i was wondering if you had any problems with creditors in that year or were you protected so long as you were waiting?

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        #4
        Ah ..... another just like me.... i recieved a notice of withdrawl of the US Trustee's motion to dismiss case for abuse.... I am assuming the next post on the pacer will be discharged?
        filed chapter 7 6-20-07 :blink:341 7-23-07, presumption of abuse :cry:7-24-07, motion to dismiss :aggress:8-24-07, notice of with drawl motion to dismiss 9-13-07:yahoo:Discharged 11-23-07:yahoo::yahoo::yahoo:

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          #5
          All of you should be good to go I am pretty sure...

          To answer jec's question - as long as you are in the bk, the automatic stay is valid, which means no creditors included in the bk can make any collection attempts (e-mail, phone calls, mails, drive bys). And once the discharge order is given, they are permanently barred from such activity.

          If anyone violates this - let your attorney know immediately. Sanctions can be severe for any creditor who does this.
          Filed Business Chapter 7: 7/11/07
          341 Meeting: 8/8/07 Asset Case
          US Trustee reviewed case/resolved 9/14/07
          Discharged: 10/11/07 Closed: 11/2/08

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            #6
            We filed August 25, 2006 and have not had any problems with creditors. Hopefully this will soon be over.

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              #7
              I hope it is justifed to say "Congrats to both of you!" I wonder if it's just coincidence that they dropped both cases' motions to dismiss? I wonder if maybe they are being deluged by so many bankruptcies now that they don't have time to fight so many...? (I hope!) I just saw a statistic which shows bankruptcies climbing very sharply.
              <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
              FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

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