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30 days to object to discharge?

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  • 30 days to object to discharge?

    The 60 days from our 341 was up on 10/01. I've been checking to see DISCHARGED but instead I see a letter that was entered by the judge. It says we are eligible for discharge but that our creditors now have 30 days to object to our discharge. WHAT?

    I guess we just wait another 30 days to see if any creditors want to bring it on ? Has anyone else had this happen?
    Filed Chapter 7 - 06/30/2010
    Discharged - 11/18/2010
    Closed - 12/22/2010

  • #2
    Yes, we had that. We became an asset case so then 90 days. So that is not all bad. The auto stay is in place. Practice for your new start at this time. It is nothing at this time and happens now and again . Someone may have asked a question so the Judge will take no chance and so you wait. Ours was a hell trip, and you will fly through just fine I am sure. We became an asset case due to our lawyer not educating us properly and we were thrown to all kinds of errors and made them all. None being dishonest, only ignorant. I am sure your have nothing to worry about since WE got by, anyone could. LOL. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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    • #3
      *grumble, grumble* 27 days to go... I can live with it.

      Thanks for the reply!
      Filed Chapter 7 - 06/30/2010
      Discharged - 11/18/2010
      Closed - 12/22/2010

      Comment


      • #4
        I’m not sure if I understood your statement Hub. So if you are an asset case the time for objections increase from 60 days to 90 days?

        We are just over 60 days past the 341 and I was about to start calling the court house to find out if we had been discharged or not.

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        • #5
          Originally posted by angles View Post
          I’m not sure if I understood your statement Hub. So if you are an asset case the time for objections increase from 60 days to 90 days?

          We are just over 60 days past the 341 and I was about to start calling the court house to find out if we had been discharged or not.
          I believe you are understanding what I said. The Judge can continue your stay and longer if he has cause. 30 more is standard if there is any reason to extend the time. In fact ours was like six months until we called ans asked what was up. (call the Court, find your case worker, have your docket number handy). The only thing holding it up was a copy of our marriage certificate. as we use different sir names. We were never told, the PACER never stated and of course our crappy lawyer didn't know diddle. We emailed the lawyer a copy and she posted it and within that day, D I S C H A R G E D !!

          We were an asset case so it was not closed for some time but the discharge was in place. That is all that is important. Closed is nice too but not that important. 'Hub


          EDIT: Don't misunderstand my wording, didn't mean you didn't understand, but what you stated was what I mean. There is no reason in stone that the Judge cannot extend. Even a question from a creditor could do that. He is also wishing for equity on both the debtor's and creditor's side.
          If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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          • #6
            Hub is right, creditors get 90 days to object to discharge in an asset case. To the original poster, are you an asset case?
            You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

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            • #7
              Nope, not an asset case. We got a letter that the address to our car loan was incorrect and we may not be discharged on the amount but we reaffirmed anyway so our lawyer told us not to worry about it. Maybe I'll make some calls tomorrow and get my lawyer to amend the address to see if that's what's holding it up.
              Filed Chapter 7 - 06/30/2010
              Discharged - 11/18/2010
              Closed - 12/22/2010

              Comment


              • #8
                On my credit matrix, we used the address listed on each of our last statements, including the car loan. Did you use a different address from what was on your loan statement?

                Originally posted by brokejoker View Post
                Nope, not an asset case. We got a letter that the address to our car loan was incorrect and we may not be discharged on the amount but we reaffirmed anyway so our lawyer told us not to worry about it. Maybe I'll make some calls tomorrow and get my lawyer to amend the address to see if that's what's holding it up.
                Chapter 7 filed 11/4/10 ---- 341 Meeting 12/1/10 ---- Discharge 1/31/2011.

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                • #9
                  Yes, we used the same address. I know they were notified of the original filing because we quit getting statements and got the reaffirmation papers. I'm just going to have to go back and match up the address and make sure it's not a clerical mistake since it was one of the later notifications that got returned.
                  Filed Chapter 7 - 06/30/2010
                  Discharged - 11/18/2010
                  Closed - 12/22/2010

                  Comment


                  • #10
                    Ugh, I hope that doesn't happen to us

                    Originally posted by brokejoker View Post
                    Yes, we used the same address. I know they were notified of the original filing because we quit getting statements and got the reaffirmation papers. I'm just going to have to go back and match up the address and make sure it's not a clerical mistake since it was one of the later notifications that got returned.
                    Chapter 7 filed 11/4/10 ---- 341 Meeting 12/1/10 ---- Discharge 1/31/2011.

                    Comment

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