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60 day period way over due?

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    60 day period way over due?

    My wife filed CH7 and had her 341 in early March...meeting was concluded, no assets declared by trustee. US Trustee was involved initially but haven't heard anything since 341. PACER shows nothing new happening..and no new filings or documents have appeared since the 341 (other than trustee's no asset determination a week after 341).

    It is now day 82...and no sign of discharge on PACER. Anyone else in northern GA district have their case in early March or later? I thought it just may be a case of a backlog, and the other stickys and postings suggest that if there are no new filings listed in PACER, then everything is OK and it's just a matter of waiting for the eventual discharge. Or is there anything else to worry about at this point?

    Thanks!

    #2
    did you do the post education

    Originally posted by arameth View Post
    My wife filed CH7 and had her 341 in early March...meeting was concluded, no assets declared by trustee. US Trustee was involved initially but haven't heard anything since 341. PACER shows nothing new happening..and no new filings or documents have appeared since the 341 (other than trustee's no asset determination a week after 341).

    It is now day 82...and no sign of discharge on PACER. Anyone else in northern GA district have their case in early March or later? I thought it just may be a case of a backlog, and the other stickys and postings suggest that if there are no new filings listed in PACER, then everything is OK and it's just a matter of waiting for the eventual discharge. Or is there anything else to worry about at this point?

    Thanks!
    Sometimes it will not discharge without the post education submitted. My attorney had a couple that on the day she submitted the post edu form it aut discharged five minutes later.
    Retained Attorney= 03/13/2009
    Filed No Asset Chapter 7= 03/31/2009
    341 Done= 04/27/2009
    Discharged= 07/16/2009

    Comment


      #3
      You should probably check your "flags" in PACER. As posted above, it could be something as simple as Debtor Education holding it up. Or, simply, the Court is backed up.
      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


        #4
        We filed 3/11.
        What date was your 341. It's 60 days from that day or when the trustee updates the court electronically, not 60 days from when you filed.

        Comment


          #5
          just checked pacer per suggestions. Verified that pre and post debtor education was completed (and reflected as such by the courts).

          I checked for status, and there are no flags in the case summary area (is this normal?). Pending Status says "Pending Statuses: There Are No Pending Status Records For This Case. No statuses have been terminated for this case."

          341 was held on 3/6...and entered 3/19. I understand that 10 to 12 days past 60 days is not unusual, so if the 2nd date is the day the ticker started, then we should be seeing something any day now (hopefully).

          Thanks!

          Comment


            #6
            It's 60 days from the "scheduled" date of the meeting. Try calling the Clerk of the Court and ask. Sometimes they'll fix it on the spot, or tell you what's wrong!
            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


              #7
              update: Called the clerk, and basically was told pretty much what I'm seeing in PACER: there is nothing pending, nothing on the docket, and nothing needed from our end at this time. The lady was nice, but said she could not give anything in the lines of legal advice, and to contact the attorney for more info (not an option for us).

              So right now, everthhing seems in limbo...so I'm hoping this just means that the system is backed up with the avalanche of folks filing, and we'll just have to be patient for the discharge.

              Again, this is in the north GA district...anyone else file here recently? Just curious if others are waiting this long....

              Thanks!

              Comment


                #8
                You probably are just backed up in your district.

                In our case, when we called the court, we were told they needed a copy of our marriage license--which we had with us when we went to the 341. Trustee didn't need it then. But once it was submitted and uploaded into our record, we were discharged on Aug. 13, 2008.

                We are still awaiting Closure.

                Good luck to you!
                "To go bravely forward is to invite a miracle."

                "Worry is the darkroom where negatives are formed."

                Comment


                  #9
                  first

                  Originally posted by AngelinaCat View Post
                  You probably are just backed up in your district.

                  In our case, when we called the court, we were told they needed a copy of our marriage license--which we had with us when we went to the 341. Trustee didn't need it then. But once it was submitted and uploaded into our record, we were discharged on Aug. 13, 2008.

                  We are still awaiting Closure.

                  Good luck to you!
                  Marriage License! I have not heard that mentioned before, I will add it to my list
                  Drivers license
                  Social Security card - I need to order this !
                  Marriage license
                  Birth Certificate for all family members??

                  Attorney has all tax forms and stubs

                  Comment


                    #10
                    At our 341 meeting our atty advised us that the 60 day club was now a 90 day club for our district. She said not to worry about the additional time period. Yesterday I saw a job ad for hiring new trustees locally so obviously filings are up and everything is getting backlogged.
                    Ch 7 filed: 3/30
                    341: 5/12
                    Discharged and Closed 7/20: Now known as- Free Willy

                    Comment


                      #11
                      Thanks for the feedback...we'll keep holding our breath!

                      Comment

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