Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Finally did it, filed! and question..

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  • Finally did it, filed! and question..

    I finally took the plunge and have officially filed for chapter 7. Last day of January. Saw on pacer my 341 is the last day of february and in the evening, which I was suprised to see. and expected discharge is the last day of april.

    I do have a concern I saw in my petition. A debt is listed for debtor 1 and should be listed for both debtor 1 and 2.
    I asked my attorney and was told this didn't matter since it was a joint filing so it still applied to both of us. It's a important major debt that is greater owed on behalf of the debtor 2.
    i'm hesistant because earlier on I asked a question pertaining to a utility.
    Debtor 1 owes a past debt that was listed.
    Debtor 2 currently has service with the utility.

    I was told the utility would only be notified of the bankruptcy on behalf of the Debtor 1 so it wouldn't affect the service account Debtor 2 has at all.

    It just seems like the answers contradict eachother...

    anyone with knowledge or a similar occurence to chime in?

    I am super nervous for the 341 although I have read several posts about them being a breeze and short. Still however the nerves are there.

    If someone objects to the claim for a discharge, how long would it delay the case and could it actually prevent a discharge of the debt?
    My attorney has no concern of this but you just never know, i guess!

    Thanks for responses in advance.

  • #2
    Without knowing your situation I would say this. As long as you've listed everything correctly your 341 hearing will be a breeze. Only if you left something important out will it be an issue in regards to the 341.

    As long as you told your attorney everything you should be fine. Easier said than done especially by reading this forum .I'm nervous too because I have an open case too but my attorney told me the only thing keeping me from a discharge at this point is the calendar (I've already done 341 done the second course and paid all filing fees) so I should just be relaxed. Easier said than done.


    • #3

      I have questions unanswered.

      any input is appreciated.


      • #4
        First, trust your attorney.

        "I was told the utility would only be notified of the bankruptcy on behalf of the Debtor 1 so it wouldn't affect the service account Debtor 2 has at all."
        Who told you that? Here's the notice form:

        It looks like both debtors are listed and that the same notice would go to all creditors. There should be a copy of the notice for your case on PACER.

        In any case, if your case is a no asset case, your dischargeable debts will all be discharged even if a creditor does not get notice.

        If your utility bill is current, your account probably won't be affected. If there is an outstanding amount due, even if not late, it is possible that the utility will close the account and open another. But, your service won't be interrupted.

        If someone objects to the claim for a discharge, how long would it delay the case and could it actually prevent a discharge of the debt?
        My attorney has no concern of this but you just never know, i guess!
        Actually, you usually do know if you have a debt that is vulnerable to an objection. Do you know of a reason a creditor might object? An objection by one creditor to discharge of its debt will not prevent discharge of your other debts. If somebody objects to your whole filing due to fraud, that's different. But, as long as you were honest on your petition and truthful at your 341 and are not trying to hide anything, that isn't likely to happen.

        It sounds like you have very typical bankruptcy debtor jitters. Try not to worry too much. Even in the unlikely event a problem does come up, you worrying right now won't help.
        LadyInTheRed is in the black!
        Filed Chap 13 April 2010. Discharged May 2015.
        $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


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