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Not discharged yet and this is why

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    Not discharged yet and this is why

    We filed chapter 7 on 02/10/2009 are are no asset. Had 341 meeting on 03/26/2009 trustee stated ge would recommend us to be discharged through bk 7. Called attorney after day 80 of 341 meeting to find out why no discharge, they stated could take up to 100 days in pa. There was no one to contact about this they stated. Now at day 120 I decided to take matters into my own hands and called the Bankruptcy clerk of courts and guess what she said "For some reason your reaffirmation agreements were not looked at yet and should have been signed off on about 60 days ago. She would give it to the lady that does that and that's all she could tell me. She did say they will have to review them. So now what? I wonder if an issue will arise and we will be waiting even longer?

    #2
    has this happened to anyone else?

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      #3
      I could be wrong as we didn't reaffirm anything, but it sounds like this was an oversight in the clerk's office. I believe the agreements need to be looked at by a judge, particularly if they present an "undue hardship" to the debtor. In which case they will need to schedule a reaffirm hearing.
      Filed Ch 7 - 07/10/08
      341 Meeting - 08/13/08
      DISCHARGED! - 10/15/08
      CLOSED - 10/20/08

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        #4
        I was under the assumption that a reaffirmation hearing would only be necessary if you filed pro se as we did not....and it should not be an undue hardship considering the fact that we did not have a negative on schedule J.
        Last edited by mindy0795; 07-24-2009, 09:49 AM.

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