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61 Days and No Discharge...Why?

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  • 61 Days and No Discharge...Why?

    Too many members are freaking out, checking PACER every 5 minutes, and losing sleep over the fact that they did not receive their discharge the minute the 60 day objection period expired.

    Background

    Discharge is set to occur 61 days from the date of the first scheduled 341 meeting in a Chapter 7 case. The 60 days corresponds to the time frame that creditors, US Trustee, etc, have to object in your case. So that is the basic time line.

    So, why might it take a "little" longer?

    Some people will receive their discharge on day 61; it really depends on how efficient the court works. But, more and more, we are seeing that it takes anywhere from 2-10 days to actually have the discharge order entered in a case.

    The discharge order needs to be signed by the judge (which is usually done electronically, but judges vary in their procedures) and the BK clerks do a mini-audit (to make sure all the proper paperwork has been filed by the debtor and trustee) to make sure everything is in order. This administrative delay is why the discharge might not happen on DAY 61.

    All in all, this situation is only an administrative delay and nothing to be worried about.

    Can the date for my discharge be extended?

    Yes, but you would know if your discharge date was extended. To extend the date of discharge, a request MUST be filed with the court. Generally, the only persons with standing to extend discharge are the BK Trustee and the US Trustee. The reasons why discharge would be extended is beyond the scope of this post, but it usually has to do with investigating the debtor for abuse. In any event, to extend discharge, a request must be made to the court (and you can oppose the request), and the court must enter an order granting the request.

    These factors DO NOT effect the discharge date

    1. A creditor objection. When a creditor objects to discharge, they are objecting to the discharge of THEIR particular debt. Doing so has NO effect on the date of your discharge.

    2. Designating your case an ASSET case. The fact that the trustee designates your case as an ASSET case has no bearing on when you receive discharge. The designation of your case as an ASSET case generally has the effect of extending the time before your case "closes", but you should still be discharged on time. See this thread http://www.bkforum.com/showthread.php?t=10879 regarding the difference between discharge and closing.

    Practical Advice

    Give the court 10 calender days to process your discharge from the date of the expiration of the 60 day objection period. If you haven't received your discharge by then, call the BK clerks office and inquire as to the delay, but do so nicely.
    Last edited by HHM; 11-09-2007, 03:09 PM.

  • #2
    Or, wait a couple of days and call the bk clerk's office yourself and ask when they expect to issue the discharge letter. This often works, and worked for me in October 2007 - on Day 62.

    BUT BE NICE! VERY NICE! Sometimes these people are not so friendly. But you want something VERY VERY important from them, so it is up to you to be the nicest person in the world. Plenty of "please" and "Thank You" should be included in the conversation.

    Good Luck!!!!
    Filed Business Chapter 7: 7/11/07
    341 Meeting: 8/8/07 Asset Case
    US Trustee reviewed case/resolved 9/14/07
    Discharged: 10/11/07 Closed: 11/2/08

    Comment


    • #3
      Thanks For This Thread!

      Greetings!

      I was very relieved to see and read this thread.

      My meeting of the creditors was held on the date of September 12th. Today is November 23rd. That's 11 calendar days, but I am guessing Thanksgiving doesn't count. In any event, I have not received my discharge papers in the mail yet.

      Just to clarify one point. If my bankruptcy petition was being investigated for any reason, thus being the cause of this apparent delay, I would have already been notified, correct? If any of my creditors had also objected to any part of my bankruptcy petition, I would likewise have already been notified, correct?

      I have received nothing in the mail to tell me that something has gone awry.

      So, I guess I will stop worrying.

      Thanks again for this thread!

      Munch

      Comment


      • #4
        Since the court's are closed over Thanksgiving...that fact is merely prolonging the administrative delay.

        And yes, if any creditor were to object, you would know by now.

        Comment


        • #5
          Good Accurate Info

          Originally posted by HHM View Post
          Too many members are freaking out, checking PACER every 5 minutes, and losing sleep over the fact that they did not receive their discharge the minute the 60 day objection period expired.

          Background

          Discharge is set to occur 61 days from the date of the first scheduled 341 meeting in a Chapter 7 case. The 60 days corresponds to the time frame that creditors, US Trustee, etc, have to object in your case. So that is the basic time line.

          So, why might it take a "little" longer?

          Some people will receive their discharge on day 61; it really depends on how efficient the court works. But, more and more, we are seeing that it takes anywhere from 2-10 days to actually have the discharge order entered in a case.

          The discharge order needs to be signed by the judge (which is usually done electronically, but judges vary in their procedures) and the BK clerks do a mini-audit (to make sure all the proper paperwork has been filed by the debtor and trustee) to make sure everything is in order. This administrative delay is why the discharge might not happen on DAY 61.

          All in all, this situation is only an administrative delay and nothing to be worried about.

          Can the date for my discharge be extended?

          Yes, but you would know if your discharge date was extended. To extend the date of discharge, a request MUST be filed with the court. Generally, the only persons with standing to extend discharge are the BK Trustee and the US Trustee. The reasons why discharge would be extended is beyond the scope of this post, but it usually has to do with investigating the debtor for abuse. In any event, to extend discharge, a request must be made to the court (and you can oppose the request), and the court must enter an order granting the request.

          These factors DO NOT effect the discharge date

          1. A creditor objection. When a creditor objects to discharge, they are objecting to the discharge of THEIR particular debt. Doing so has NO effect on the date of your discharge.

          2. Designating your case an ASSET case. The fact that the trustee designates your case as an ASSET case has no bearing on when you receive discharge. The designation of your case as an ASSET case generally has the effect of extending the time before your case "closes", but you should still be discharged on time. See this thread http://www.bkforum.com/showthread.php?t=10879 regarding the difference between discharge and closing.

          Practical Advice

          Give the court 10 calender days to process your discharge from the date of the expiration of the 60 day objection period. If you haven't received your discharge by then, call the BK clerks office and inquire as to the delay, but do so nicely.
          NICELY DONE.

          Comment


          • #6
            Don't Worry

            Originally posted by ManFromMunchkin View Post
            Greetings!

            I was very relieved to see and read this thread.

            My meeting of the creditors was held on the date of September 12th. Today is November 23rd. That's 11 calendar days, but I am guessing Thanksgiving doesn't count. In any event, I have not received my discharge papers in the mail yet.

            Just to clarify one point. If my bankruptcy petition was being investigated for any reason, thus being the cause of this apparent delay, I would have already been notified, correct? If any of my creditors had also objected to any part of my bankruptcy petition, I would likewise have already been notified, correct?

            I have received nothing in the mail to tell me that something has gone awry.

            So, I guess I will stop worrying.

            Thanks again for this thread!

            Munch

            NORMALLY YOU WILL GET THIS DISCHARGE AND THE CASE CAN STAY OPEN FOR PROBLEMS. AND, YES, UNDER THE CONSTITUION AND CODE THEY MUST GIVE YOU WRITTEN NOTICE VIA THE US POSTAL SERVICE AND YOU WOULD HAVE AN APPORTUNITY TO BE HEARD (IE DUE PROCESS). NO NEWS IS GOOD NEWS.

            Comment


            • #7
              One further note:

              90 days or more is apparently not uncommon if you live in a District with tons of bankruptcies, such as Los Angeles.

              I have heard several people say that their Trustee told them to wait up to 90 days past the 341. I also know of one other person aside from myself who had to wait over 90 days for their discharge for no other reason than that the Trustee and/or Clerks Office is backed up with cases to file.

              So, when the 60 days are up, if you have not heard anything and nothing is posted on Pacer you can safely assume there were no objections and your Discharge is in the works.

              BUT, if you live in a large metropolitan area or your district otherwise handles many cases, you may well have to wait up to 90-100 days past your 341 (30+ days past your 60 day waiting period) to get your "Discharge" posted on Pacer or otherwise get notice of it.

              I'm still waiting and it's over 90 days. But I have faith it will come.
              <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
              FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

              Comment


              • #8
                After my 341 meeting, my attorney said it could take 90 days so I'm just chilling out and waiting
                Filed: January 26th
                341: March 7th
                Last date for objections: May 5th
                Discharged: May 13, 2008

                Comment


                • #9
                  Originally posted by lovescats1956 View Post
                  After my 341 meeting, my attorney said it could take 90 days so I'm just chilling out and waiting
                  Mine told me when we filed today that discharge is about 100 days after the 341. Maybe it depends on where you live.
                  Filed 4-21-2008
                  7/16- DISCHARGED!!!!

                  Comment


                  • #10
                    As you can see, my took FOREVER, with no problems to report of.
                    Filed 8/25/06, Discharged 11/28/06, CASE CLOSED 11/14/2007!

                    Comment


                    • #11
                      so from what

                      I can Gather unless an extension is put on pacer before the 60 days are up, then after that one can not be put in? so if all is quiet up to 61 days you are basically good to go?
                      B x
                      filed Ch 7 Oct 31st 2008.
                      341 Dec 10th 2008.
                      DiSCHARGED Feb 10th 2009

                      Comment


                      • #12
                        So, i checked PACER today, and i see status as "Awaiting closing". It used to say "awaiting discharge"

                        Can i do the happy dance now?

                        Thx!

                        Comment


                        • #13
                          62 days since my 341 and not only did I get discharged but closed as well! Both on the same day. Life begins anew.

                          Comment


                          • #14
                            How long to wait...I know they are soooo busy!

                            My 341 was smooth, should have had the discharge around March 9th. It's now April 6th. I guess I should call, but I'm nervous about bringing any attention to my case. What's done is done, right? If I had no objections from the trustee (after 3 days it was posted no asset, administered and the trustee asked to be done), WHAT TAKES SO LONG!!!!!! It's making me crazy!
                            Eventually this will all be over.....

                            Filed Ch 7 11/26/08
                            341 Meeting 1/6/09 went well!

                            Comment


                            • #15
                              Originally posted by outofluck07 View Post
                              WHAT TAKES SO LONG!!!!!! It's making me crazy!
                              The answer is most likely in your own post title. With the terrible economy, the courts are overwhelmed with filers at the moment so the normal time schedules are stretching out. There's a lot more case information and updates to post to PACER, but no more people to do it.

                              Keep in mind that bk courts take their own sweet time. No amount of stressing on your part changes a thing.

                              What can change things is this - if you filed with a lawyer, call and ask him/her to find out where things are with your case and why your discharge is delayed. If you filed on your own, call the court yourself and ask to speak to the bk clerk. Ask him/her nicely for an update on your case. If something is holding it up, at least then you'll know what it is and can deal with it.

                              Do you know how to follow your case on PACER? Is anything posted there from your trustee?
                              I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                              06/01/06 - Filed Ch 13
                              06/28/06 - 341 Meeting
                              07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                              10/05/06 - Hearing to resolve 2 trustee objections
                              01/24/07 - Judge dismisses mortgage company objection
                              09/27/07 - Confirmed at last!
                              06/10/11 - Trustee confirms all payments made
                              08/10/11 - DISCHARGED !

                              10/02/11 - CASE CLOSED
                              Countdown: 60 months paid, 0 months to go

                              Comment

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