No discharge yet

[patkatmom77]

Hi there -

I wish I knew of this forum back when we started our bk! Hopefully someone will be able to help me.
We had our 341 back in September, but still no discharge. We intend on keeping our house, but our mortgage company was not cashing our checks (we have the money to pay) and they filed a motion of relief from stay in November. I have called my attorney a few times to find out what was going on or what we needed to do, but they haven't called back. My mortgage company will talk with me now and I made a payment over the phone with them. We're caught up on the mortgage. Pacer isn't showing a discharge, does anyone know how I can find out what's going on?

Also, if we haven't been discharged yet, should I wait to file my taxes? We're getting a refund and I don't want to lose it.

Thank you for any info you can give me!

[keepmine]

Call the bk court clerk Mon. and ask for your case manager and ask them what's going on.

[patkatmom77]

I called and spoke with my case manager this morning. She's waiting for the trustee to turn in their paperwork. As far as the court is concerned, there's no 341 hearing on the books yet despite the fact that we had our 341 hearing back in September.

Has this happened to anyone? Is there anything I can do?

[B65]

very odd

does pacer show your 341 was held and concluded?

[patkatmom77]

No, Pacer still show waiting on 341

[StartingOver08]

Must be an oversight. Have your attorney contact the Trustee. You should have been discharged by now.

[AngelinaCat]

You need to light a fire under your attorney. He or she should be working on resolving this. Did he/she go with you to the 341, or was there a stand-in?

[patkatmom77]

I've called my attorney 3 times, but no phone call back. I just want to have this finished

Should I wait to file my taxes? I'm getting a refund that I want to give to my sister (her husband was laid off and they could use some help.

[AngelinaCat]

You can't do anything with the refund until you are discharged. The trustee may want it. While our trustee said nothing to us about refunds or stimulus checks at our 341--we owe something like 20K to the IRS, he did caution other people not to cash stimulus or refund checks without checking with him first.

On the attorney, if he is in the same town you are, I would go and camp out in--or at least in front of--his office until you get an answer.

Good luck. Your attorney sounds like a clone of ours.

[StartingOver08]

On the attorney, if he is in the same town you are, I would go and camp out in--or at least in front of--his office until you get an answer.

Good luck.

Exactly right. She is also right about not spending the refund without authorization from the Trustee.

[patkatmom77]

Thanks for the advice! Can't really go sit outside the attorney's office with my kids though Guess I'll just keep calling him.

[keepmine]

Thanks for the advice! Can't really go sit outside the attorney's office with my kids though Guess I'll just keep calling him.

Actually, kids would be perfect. Just be sure they've had cola's and chocolate before you go to his office!

[AngelinaCat]

Actually, kids would be perfect. Just be sure they've had cola's and chocolate before you go to his office!

Actually, that's not a bad idea. Especially if they start running around. No attorney is going to want a 'zoo' in front of his/her office.