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    So frustrated anyone similar?

    I completed my plan in Feb. It took until July to get my discharge papers. Its now 3 months and my case still isn't closed. I still wake up shocked I got through it never missing a payment yet I am still bound to the case until it's closed. I am so frustrated that my attorney tells me there is nothing we can do and thats it. I can't believe in today's age with something that is almost certainly handled primarily via computer could end up adding another year to this thing. Is it normal to take so long?

    #2
    It can be normal depending on your District. You're in North Carolina which doesn't participate in the United State Trustee program but uses the Bankruptcy Administrator program. My discharge took from May until late August (nearly the last day in August). A lot has to do with the load on the Trustees (or BAs in your case), and how your district deals with discharges. In some districts, there must be a formal process where a Motion for Entry of Discharge is done, then it is open up for objections, then there's a hearing. That can drag on.

    My uninformed guess -- on Bankruptcy Administrator program States like North Carolina/Alabama -- is that this is normal.

    I'm still awaiting my close.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      leemo1980, My trustee is Anita Troxler, where are you located?

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        #4
        I'm in New Bern. The trustee won't even speak to me they ask that I go through my attorney which is a dead end. As I understand they are swamped which I get, but are they swamped with just closing cases? I have just managed to hold off so many things awaiting this to be done. I know this is all my doing and I'm grateful to have the opportunity to restart just shocked that they are allowed an indefinite amount of time to resolve something that's been going on for almost 6 years already.

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          #5
          Sorry, Justbroke I forgot to respond. I have gotten my motion to discharge signed by the judge. I got so excited thinking it was over to find out I am still bound by the bankruptcy. Meaning if I wanted to sell my house, buy a car etc I would still need to file a motion to take on new debt which at this point I won't do.

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            #6
            You really do want to wait for the discharge. You also want that discharge to be reported to the credit bureaus as it will bump your scores (in 90% of the cases). You could ask your attorney what's taking so long, or query the Bankruptcy Administrator (BA) in your case.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

            Comment

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