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61 Days and No Discharge...Why?

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  • #46
    My TT and lawyer announced before the creditor's meeting that it would take up to 4 months to get discharge. Not because of my actual filing but because there's a huge surge of filings in CA and they are seriously backlogged. This is a downer because of having to wait that much longer to finally get that paperwork stating, you're free and clear, begin a new life

    Comment


    • #47
      Assuming the time period for objections has not been extended (either by agreement or by court order), the standard time period for objections is 60 days after the first scheduled 341 meeting (the only hearing which debtors typically have to attend in person). This means that you will not receive a discharge prior to 60 days post-341.

      After the 60-day period has expired, local rules govern the speed at which the court will issue a discharge. For example, in most of Florida you will receive your discharge in the mail within 30 days of the end of the objection period (or approximately 90 days post-341).

      Check with your attorney, or your local clerk of courts, for the applicable post-objection timeframe to receive your discharge.

      If you have waited a significant amount of time post-objection period, it may be necessary to call the clerk's office to request your discharge be entered. If this does not work, it may be necessary to file a Motion to Compel Issuance of Discharge.

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      • #48
        Unfortunately as bankruptcy courts get more backlogged from the number of bankruptcy cases being filed, the time to receive a discharge order has increased in many courts in Southern California. Some clients have had to wait at long as 5 months from the date of 341 hearing to receive their discharge. Generally if there is a concern with regard to you receiving a discharge, the trustee or your attorney will make you aware of the issues. In most instances it is just that courts are backlogged with cases.
        deleted by moderator

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        • #49
          Filed CH7 in Sept 2009
          Original 341 set for mid Nov 2009
          Actual 341 mid Jan 2010
          Asset case, final payment due May 1st

          Going by the 60 DAY rule, the discharge should have taken place in late January in a perfect world. We are currently 90 days past the date we should have received the discharge and 150 days past the original 341 meeting.

          When I emailed my lawyers office to see how things were coming along, she responded...

          "You cannot receive a discharge when there is still an asset to be distributed"



          I replied with the info from this sticky and told her to have my lawyer call me.

          I realize they are really backed up with this economy, but come on now.

          Comment


          • #50
            Does Reaffirmation Affect Discharge Date?

            My 60 days is in 3 days. Never thought I'd make it this far. But my reaffirmation hearing is June 17th - 2 months away.

            Will my discharge be extended until after the RA hearing, or will I be discharged and get my dancing hamsters soon????
            11/09 - Ran out of money - 1/4/10 - Filed Chapter 7 (Pro-Se) - 2/16/10 - 341 Meeting -6/17/10 - Reaffirmation hearing (auto) - DISCHARGED 7/6/10m CLOSED 7/26/10

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            • #51
              Hi all,

              I have 3 questions here, new on the forum.

              #1 - I am having to amend my schedule F to add some additional creditors. I am wondering if my discharge date gets extended. I am in Southern California and I guess there's a backlog here. My amended is dated 4/25 and my discharge date is 6/15.

              #2 - Is there a deadline for filing the amendment schedule F? I am ready to send the paperwork to the court and trustee. It's going to take me a while to send the info to the creditors.

              #3 - What information do I have to send to the creditors for the amendment? I was told (by my paralegal) to send the creditors the following: B-1008, The Mailing List, Summary of Schedules Amended, Statistical Summary of Certain Liabilities and Related Data, Amended Schedule F, The Master Mailing List and the Mailing Matix.

              This seems like a lot of documents to send to each creditor. Can you please confirm this?

              Thank you,
              Peters73.....

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              • #52
                341 in Los Angeles was held on 05/19/10 so I'm about 15 days over and no status change yet. Guessing that the courts are just backed up in LA as well...

                Comment


                • #53
                  Had my 341 in Riverside County on 6/09.

                  It's now over 60 days. Now What?//

                  Comment


                  • #54
                    I had my 341 in San Jose on 5/19 and im still awaiting discharge 91 days later.

                    Could be because I was wanting to re-affirm my SUV which the Honorable Judge considers a hardship. I appreciate that he is looking out for me, but its my only dependable car, I've been paying on it for 6 years, and my last payment is on 9/22. as of today I owe $519 on it and it only has 54k miles on it. I have a re-affirmation hearing on 9/14.

                    I thought about the ride-through, but its a Ford and the posts in the forums say that Ford doesn't do ride-through..

                    I WAS going to re-affirm my second car but I still owe 23K and after reading the forums here, i realized this would be a stupid thing to do. I have since parked it and registered it PNO, but still have full coverage insurance of course. Still wondering when they will come get this out of my driveway.

                    I just want this over, the stress is getting to me.. err well my wife more and then she takes it out on me. This ain't something I would joke about, but at this rate, I will probably be divorced before the discharge.

                    Thank you all for your help in the other posts. This information has been extremely helpful.

                    Comment


                    • #55
                      Discharge Letter

                      It took me 82 days from bankruptcy trustee meeting to get my discharge letter and I'm in St Louis, Missouri.

                      Comment


                      • #56
                        CAN ANYONE HELP, 2yrs after

                        My mother filed for bankruptcy 2yrs ago and it was settled by the judge at that time for her debt she had in credit cards only. Her lawyer has been contacting her now 2yrs later stating that there are trustees that want to see all the paperwork she had origionally submitted and more. Its like she is going through this all over again, on top of this lawyer charging her alot of money. If this was supposedly handled by the court 2yrs ago, why is this popping up again now? She had given her house to her daughter rececently as well, should she take her name off of the deed and add them on to avoid anything that might come about considering the bankruptcy had gone to court 2yrs ago and was settled then? any answers will help , thank you

                        Comment


                        • #57
                          Ok. so.. my husband's ch 7 case was filed June 15, 2010. 341 scheduled for July 16th and continued without set date. We had some issues with exemptions and our attorney filed the amended schedules and spoke with the attorney assigned to the Trustee on Tuesday of this week. His 60 days are up on the 14th.. just 4 more days to go. On Tuesday, the attorney for the Trustee informed my DH's atty that unless a creditor objects between then and the 14th, that she saw no reason to continue the 341 and nothing in my DH's case raised any flags. Everything was fine. Since then, our pacer status still says 'Awaiting 341' and today I noticed that our attorney failed to file the matrix for amended schedule c and has 2 business days to submit that, or else, basically. So far, our atty has not filed the matrix (what is he waiting onnnnnnn?)
                          Anyways..we watched the DVD for our debtor's ed or financial management and submitted the information sheet back to our attorney on Thursday so that DH can get his certificate of completion for debtor's ed. I am just hoping the certificate gets back in a timely manner and that our attorney gets the matrix filed as required in the next two business days. In the meantime, major prayers going up that noone (creditors particularly) decide to object between now and Tuesday !! I am wondering since our attorney did not file the matrix correctly when submitting the amended schedules if this is going to hold up our 60 days? And what if our 60 days are up and DH's certificate for completion of debtor's ed is not back? thoughts, anyone? (We are sooooo close... gosh I am just hoping nothing nothing happens and all h*** doesn't break loose between now and the 14th!)

                          Comment


                          • #58
                            I'd be hounding your attorney right about now about the amended schedule c matrix
                            Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
                            AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

                            Comment


                            • #59
                              Yeah..as soon as I saw the note on Pacer I called my husband and notified him. I don't know if the 'two business days' is two business days from now, as in Monday and Tuesday or if it is today and Monday..but either way, he called the attorney's office and the lady that works in the office said they are 'on top of it.' Not as on top of it as I would be apparently, bc they still have not filed the matrix and fixed the issue at hand. I guess so long as she does so on Monday we are OK..but it stresses me out. Just one more thing to worry about.

                              Comment


                              • #60
                                Hey hey..what do ya know.. just checked pacer again before heading out to run some errands, thinking that our attorney probably closes at 5 PM and if he was going to file it today, it would probably be there..and low and behold.. it IS. He got it all filed so *WHEW* .. least that is one thing out of the way.

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