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24 days after 60 day mark and no discharge

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  • 24 days after 60 day mark and no discharge

    Should I be worried? I'm in New York. I called my lawyer and he said that usually its about 10 business days... Anyone else ever wait this long?

    Thanks for any stories.

  • #2
    ARe you in NYC - maybe you have to stand in line so to speak...

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    • #3
      I'm 20 days past 60 days and no word. I'm in CA and not doing PACER. My lawyer told me at the 341 that it could be another 30 days after the 60 to get the discharge. So I won't contact him until after that point if I still haven't heard anything. I think some areas are just really busy so it takes longer.

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      • #4
        You might call the clerk of your BK Court and ask to speak to your caseworker. Have your case number in hand, as that determines who is assigned to your case. Ask how long the backlog--if any--is for cases to be discharged. Ask if everything is as it should be in your file, and if it isn't, ask what you need to do to fix it.

        We were scheduled to be discharged around the middle of June 2008. When it became August 13, 2008 without the discharge, 'Hub called the clerk and found out that the simple lack of a copy of our Marriage License was the hold-up. (We had taken it with us as instructed, to our 341. But when we tried to give it to the trustee, he said he didn't need it.) Well, it WAS needed. Once the copy was faxed in, we were discharged the very same day.

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

        "Worry is the darkroom where negatives are formed."

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        • #5
          Did you reaffirm anything? My discharge was held up by about 3 extra months (5 months after my 341) because of a reaffirmation. It was a simple matter of the judge signing off on it, but that 2 minute task took 5 months to make its way to his desk. Once it was signed, I was discharged the next day! I filed in April, had my 341 mid-May and was discharged mid-October. It was a little unnerving to have to wait so long, but it eventually got done.
          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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          • #6
            Just had my 341 on 11/3/2011.(Santa Ana, CA) My lawyer said the same.Possible 90 days till discharge because of holidays and court backlog.

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            • #7
              It absolutely never hurts to call the Clerk of the Court's office and talk to your Case Manager! You may be surprised that something is missing (not filed). Some of the BKforum members had their case discharged right on the phone!!! Yes, a backlog can cause issues. However, it's the fact that you're past the 60 days that should make you relax.

              The discharge (order) itself just confirms what has already happened... that the 60 days elapsed without any action on dischargeability.
              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.

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