Discharged, but...

[FlaMama]

Filed in Oct under the old rules. 341 was in Dec, Trustee objected to personal exemptions (said we undervalued our stuff and our atty had put some items on twice, so we also were over the state limit on personal exemptions.) Trustee moved date to file a claim to April. Trustee also sent out letter saying to mail a copy of our tax forms to him after we file. Changed us from no asset to an asset case.

Today on Pacer it says we are discharged. BUT, I know that we are not closed.

What should we expect next? Our atty is preparing the ammended forms and will be submitting that to the trustee end of this week.

We also have only signed a reaffirmation on one vehicle, not on the other and not on our house, even though that paperwork is in our petition that we were reaffirming. Only one creditor (the car) came back w/ other papers for us to sign.

Help! What is our next step? Now that we are discharged, can we start cleaning up and working on our credit?

Thanks!

[FlaMama]

Bumping...

Confused as to how I could be discharged with unfinished business w/the trustee. Is this a good sign? Does that mean he thinks we were fine except the exemption issue?

[StaciMM]

Discharge does not get postponed due to potential assets. The discharge should happen on any debts not objected to, after 60 days from your 341.

The case will not be closed, however, until the asset matter is resolved. While your creditors cannot come after you now for any payment, they will be able to file a claim to get a portion of any assets seized by the BK trustee.

[robivi3]

I am also in Florida (Broward). We were discharged two years ago and closed a little over one year ago. Question, did the Trustee extend the deadline for objections in your case? That's a good indication of intentions. In our case the deadline for objections to discharge was extended BEYOND our discharge which is why the case closed six months later. Please, no one write and tell me that this did not happen or is not possible, yes it is and yes it did. A Judge could have set aside the Discharge. The Judge Discharged us but gave creditors leeway to object just in case and then closed us out after 180 days on the Trustees recommendation. Our case was hearings, depos, you name it... Was yours similar?

[FlaMama]

Yes, my last day to file a claim is in April.

Our discharge date is nearly 90 days after our 341.

[StaciMM]

From the best I can gather, the trustee will petition for more time to further investigate the petition/finances/etc. That doesn't mean all (or even alot) of asset cases get the discharge postponed.

The OP said she saw the discharge notice on Pacer, this doesn't mean the trustee has abandoned the potential assets.

Edited to add: the minimum time for discharge after the 341 is 60 days. Plenty of courts have seemed to run behind though due to the heavy case load.

[down @ out]

closing

My bankruptcy was discharged recently but I have not yet had the case closed. Until the case is closed can creditors whose debts were not discharged take collection action? I am thinking primarily about irs debt.


Thanks,

[StaciMM]

My best guess is yes. The stay is over, so debts that remain after the BK can collect.

I got my first post BK student loan bill a few weeks after discharge...

My bankruptcy was discharged recently but I have not yet had the case closed. Until the case is closed can creditors whose debts were not discharged take collection action? I am thinking primarily about irs debt.


Thanks,