october 31st was the end of our 60 day period and we called today to see if they had heard anything,and they checked the computer and said it could be up to another 60 days before we do. What would cause that? thx for any answers
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Did you have any objections? It could be that they are backed, but I've never heard of a delay being that long?Bankruptcy History:
Chapter 7 filed - 10/12/2005 - Asset
Discharged - 02/16/2006
Case Closed - 11/08/2007
A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain
All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.
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Hey the automated computer system forgot us, discharge everyone else that was supposed to be discharge. They told me they are so backed up it is crazy. However, unless something is wrong with your case it should not take that long. In my district is it can take up to 10 days after that they will do it manually.Success is reachable, stretch out your arm and grab it.
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2 possibilities
1. The person you talked to does not know what the heck they are talking about.
2. Either the BK trustee or US Trustee filed an extension of time (but if you check pacer, you would see a corresponding document).
Keep in mind, to EXTEND the date of discharge, someone HAS to file a request to do so with the court and you would see this request and a corresponding Order in your case document history on PACER.
Also, technically speaking, the discharge order needs to be signed by the judge (this is usually done electronically, but judges vary in their procedures) and the BK clerks do a mini-audit (to make sure all the proper paperwork has been filed by the debtor and trustee) to make sure everything is in order. This is why the discharge does not happen on DAY 61.
A good rule of thumb is to allow 10 days from the expiration of the objection period for the court to enter your discharge. If day 71 comes and goes and still no discharge, then call the BK Clerks office for an explanation.Last edited by HHM; 11-02-2007, 08:57 AM.
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