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61 Days and No Discharge...Why?

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  • #61
    Originally posted by jmjm View Post
    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
    This has all sorts of problems and I don't even know the details. I have no clue what's going on and only speaking to that attorney will let you know what the real issue is. Don't make stupid mistakes by moving property around to try to hide it. You and your mother should seek legal counsel. If neither of you understand what's going on, you need to sit down with the attorney and have it explained to you in detail.

    This could be related to what might appear as fraud. So seek legal counsel.
    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


    I am not an attorney. Any advice provided is not legal advice.

    Comment


    • #62
      Sometimes district courts can get a bit backed up. For example Orange county was running about 3 weeks behind last year, not sure if it has gotten any better. I usually see discharge letters go out within a day or two in San Diego. Attorneys get elecronic notification in my district and knowing how eager my clients are I forward it t them. The court mails out the notice, so it usually takes another 3-5 days before they receive their discharge order in the mail. But, important question is: Did you complete the Financial Management Course that is required for discharge? If you haven't then that may be something holding your case up. You want to finish it asap, before the case closes without discharge and you have to try to reopen ($) and fulfill this requirement.
      Kathryn U. Tokarska, Esq

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      • #63
        Colorado is running behind. Day 61 was on Oct 26. I called the clerk at the bk court and she said it could take until the end of November, yikes! Since my 341 was scheduled only 26 days after filing, I didn't think the district was backed up. Given that everything has been fine and I'm a student, I am comparing this delay to school. I'm done with the class, I got an A and now I'm just waiting for the report card. Not sure if that is a good analogy, but it's working for me.
        Filed Chapter 7 on July 30, 2010
        341 scheduled for August 26, 2010 - Done! - Report of No Distribution
        Discharged!!! - November 15, 2010

        Comment


        • #64
          I like your analogy!

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          • #65
            My BK was discharged on 10/26/2010, closed 10/27/2010 I received the papers 10/30/2010. It's over, signed sealed and delivered.

            Comment


            • #66
              I am a week past the 60 days and according to my attorney will have at least another month to wait. So I think this 60 day after 341 to discharge rule can be way off. I am estimating at least 90 or more days for mine, in Southern California.

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              • #67
                Originally posted by helpme2010 View Post
                I am a week past the 60 days and according to my attorney will have at least another month to wait. So I think this 60 day after 341 to discharge rule can be way off. I am estimating at least 90 or more days for mine, in Southern California.
                This "rule" is not way off. A lot of people misunderstand the 60 days and what it means.

                The 60 days from the date of the first scheduled 341 Meeting of Creditors has to do with whether anyone can challenge your discharge prior to it being issued. Any creditor, including the Trustee, would need to file a Motion to Determine Dischargeability or seek a dismissal by filing a motion prior to the expiration of that 60 days. The discharge "order" is issued without delay after that date. Some courts are backed up and the actual order comes later than the 61st day, but trust me... it's the 60 days that you really want to pass.
                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


                I am not an attorney. Any advice provided is not legal advice.

                Comment


                • #68
                  They must be on schedule in Oregon. I got my discharge on day 62. I found out first using PACER, and then got the actual court order in the mail a few days later.

                  Comment


                  • #69
                    of delays and weirdness...

                    Hi all, I'm brand new to BKF, and I'm glad to have found it and now become a member. Some facts about my bk petition:

                    I filed Chap 7 8/28/10 (retained an attorney), had my 341 meeting 10/29/10. My lawyer included my 401K loan payments ($433/mo) in the list of expenses. I only realized late in the game (like yesterday) how this could've caused a snag. Had it not been included, I'd be $400+ over median (I am at minus 3 because of its inclusion). I'm peeved that my lawyer did not discuss this with me (even though he did give me a few minutes to "review" the paperwork before signing. But I wasn't informed enough to discern possible snags like the above-mentioned! That's his job, isn't it?) Anyway, I checked PACER today and so far Trustee hasn't raised issue with it. My case is flagged MEANSNO. Does that mean I'm out of the woods already with regards to this issue (I mean, has the Trustee let HIS deadline for objection pass already?) Or can he object now and say I have not passed the means test?
                    I do have one asset -- a car valued at $6500. With my allowable exemption factored in, its worth is $4100. I made the offer to buy it back for $3000; Trustee agrees, and I already sent a check for that amount to Trustee (via my lawyer.) BTW, my best friend loaned me that buy-back money.
                    When I checked PACER today there was a Motion to Sell Property Under Section 363B, and a Notice of Hearing (for objections to the Motion) set for first week of February.
                    So, that is my experience right now. I thought I'd get my discharge a few days after 60 days, but now it seems that it will be delayed for another month at least. **Sigh**
                    And one weird thing: PACER has no record of 341 meeting ever happening! I looked under "History" (all events) and there is no mention of it. There's the filing and its date, the different Mailings of Notices and their dates, the Motion to Sell/Notice of Hearing,...but no mention of the 341 meeting! Now that has made me really nervous. Some complication might have come up and I don't know what it is. Under "Status" query it showed my case as pending, but the comment says "Description not available for type 'Aw341meeting'." Does anyone know what that could mean?

                    Comment


                    • #70
                      Thanks for this. Our 341 was March 21, 2011. Case was marked no asset and the trustee asked to be removed on the 22nd. There has been no update on pacer since 3/31 when they filed the reaffirmation of our auto loan. My attorney said as we were leaving that day that we would receive our discharge in the mail in about 3 months. Knowing about the 60 day club I just thought he said it wrong. I will continue to wait.
                      I am NOT an attorney. This is NOT advice.

                      Comment


                      • #71
                        Waiting...

                        Yup, it took me well over 125 days. I finally called the downtown Los Angeles clerks office where I filed and they looked it up and discharged me right on the phone. I received my papers in the mail 2 days later. I wouldn't call at less than 3 months, but if well over that, maybe call... and remember to be extra nice, polite and gracious...

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                        • #72
                          Forgot to mention I filed ProSe, thats why I called myself. If you have an Atty, you might want to run it by them first.

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                          • #73
                            D

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                            • #74
                              I really enjoy reading your post. thanks

                              Comment


                              • #75
                                Another less-mentioned item that can hold up the process is reaffirmations. My case took an extra 3 months to discharge (beyond the standard 60) because my two reaffirmation agreements had to cross the judge's desk and unfortunately, that's just how long it took in this particular court at this particular time. Once the reaffirmations were signed, I was discharged that same day or possibly the day after.

                                If you have submitted reaffirmation agreements and do not see a record of them having been approved by the judge somewhere below your 341 asset determination, this is most likely what is holding up the process. Just be patient.
                                4/2010 - Filed Chapter 7 no asset case w/car reaffirm
                                5/2010 - 341 meeting, no creditors present
                                10/2010 - Reaffirm finally approved and case discharged the same day

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