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Thinking ahead: what could cause delays in discharge and closing?

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    Thinking ahead: what could cause delays in discharge and closing?

    So, payment #60 will be in January 2021.
    After that we have the discharge and closing, though I do not know the average processing time for these.
    I understand there are reasonable timeframes for the discharge and closing events, but what kinds of issues could cause delays?

    I intend to be searching for a new job out of state, but am concerned about timing. If I were to receive a job offer before the discharge/closing (and home sale some time after), how would I handle that with the new group/new company.... I do not intend to wait until the discharge nor closing to start the job search.

    After typing this, it appears I actually have two separate questions described above.

    Thoughts?

    Thanks

    #2
    As you know I am not an expert, but would finding a job even matter? You will have made all your payments so you don't have to worry about the payroll deductions. From what I read bankruptcy has not stopped others from getting new jobs. If they run a credit check before it's done I imagine it would say active BK, after it's over there's probably a time lag if they make a notation that BK is no longer active/discharged, but the history stays on the credit report for a while longer.

    About selling the house that probably would be an issue since it's part of the BK process. I think it would be easiest until everything is said and done to sell the house when you don't have to deal with the trustee or court.

    That's my two cents for what it's worth let's hear what the more experienced among us have to say.

    I'm so excited for you getting soooooooooo close to the finish line!
    I am not an expert. I just share my experiences in the Wonderful Wacky World of Chapter 13!

    Comment


      #3
      Thank you Carmella!
      What I mean is, it is a question of timing, and coordination.
      When I accept a job offer, we will have to relocate to the new state. But, we cannot relocate until at least the discharge.

      There are a few possibilities:
      1. I receive a job offer before the discharge
      2. I receive a job offer after the discharge, but before the closing, and before selling the home
      3. I receive a job offer after the closing, but before selling the home
      4. I receive a job offer after selling the home

      #1 and #2 are my concern. I need to understand how to discuss starting work on-site with the new group/employer, under those two scenarios.
      These may not even play out, but it's best to know how to handle them, if they do become reality. And this is why I am asking, what issues could cause a delay in the discharge/closing.

      And, thank you! Looking forward to returning to a better place in our lives, once this is done.

      Comment


        #4
        So re: #1: how would I handle that conversation? If they ask, when can you be onsite? All I have at this point is: "well, I am rolling off a chap 13 bk and dont have a discharge date yet. So I don't know when I can be onsite. " I don't think thats a good response, so, what would be a good approach? A job offer before the discharge feels unlikely to me, but I am more comfortable if I am prepared.
        thanks!

        Comment


          #5
          Can it be tied in to the selling of your home? Do you need to sell the home before you can be on site. Will they want you to be on site immediately or is there an option for any remote/work from home? You can't be onsite until the house sells? That might be a lame reason. I would think when someone relocates for a job there is usually a lag time for selling/moving. Although I also have known people where the person moves while the spouse stays behind and handles the home and moves shortly afterwards. Some companies might help with relocation and selling the home that could be sticky as well.

          Tough questions because if great job is advertised you don't want to miss your chance because you are waiting on the BK. It's almost like I would bury my head and not look at the ads too soon.

          I hope someone else replies
          I am not an expert. I just share my experiences in the Wonderful Wacky World of Chapter 13!

          Comment


            #6
            1) Receive discharge
            2) Start looking for a job
            3) Put house on the market
            4) Get new job
            5) Sell house
            6) Move

            Steps 4 and 5 are interchangeable...

            It's not rocket science.

            Comment


              #7
              Carmella , thank you, yes, all good questions and valid points. A job search usually takes a considerable amount of time. We will know more as we progress.

              @dieselman:

              No, this is not rocket science; that is blindingly obvious but thanks for the observation anyway.

              Yes, the order of events you have listed is one scenario I have considered and documented. When we have relocated in the past, we were renting, not owning. So the process was easier: break the lease, pay the fee, done. This is a new experience for us, and while it is done 'all the time', it's a first timer for us.
              A job search can take a considerable amount of time. So, another scenario is to start the job search before the discharge. Most likely, I will not go through the process of: phone interview, fly to site for interview, receive, negotiate, and accept offer, and show up onsite for work, before the discharge, nor between discharge and closing. This does mean though, there is a small probability that I will be expected to show up onsite within the described timeframe. Therefore, it raises a concern, that I inquired about originally: what issues could arise that would delay the discharge? This question has not yet been answered. If there is a delay in the discharge, that could complicate our relocation. And although this scenario has a low probability of occurring, I still must address and understand it, as opposed to just, "take the easy path, and wait til it's over and only then start the process because it's not rocket science". I do not anticipate a delay in the discharge, nor any creditor opposing the discharge since we have always made the monthly payment before the due date (ie on schedule), and we will be overpaying our total debt by $8.00. But there is always the unknown.
              Some creditor could raise their hand for whatever reason. Hence the concern, and therefore the question - what issues would cause a delay in the discharge?
              And, in case folks are wondering why I am dwelling on such a useless, diminutive, low probability issue... I work on spacecraft, so, yeah. There is that. It's the things you ignore that kill you, and yknow.... make multi-million dollar spacecraft explode in transit, making your customer mad, embarrassment to the company, loss of business, that kinda thing... yknow... unimportant, useless unnecessary details. So out of habit, yes, I dwell on the little things. This is not directed at anyone in particular; just a comment. But I digress.

              And, all this boils down to: money. If I start a job onsite before the discharge, I need to earn enough to pay for temporary housing, the current mortgage, current bills, etc. Plus for travel back and forth. If there is a delay in the discharge, well that's the concern, and we need to manage it. To do that, we have to understand it. And that's why I am asking.

              Yes, all of this could just, simply be ignored, if I wait until the discharge to begin the job search. But, that solution could result in a delay of months, before landing a job and getting on with our life. So, it is worth the risk and the headache to me, to explore initiating the job search before the discharge.

              Thank you all for your feedback.

              Comment


                #8
                Carmella,
                All your points are right on and very much appreciated!
                You are doubtlessly the most empathetic and kind person on these forums.
                I know while many wish I would just shut up and disappear (like all marginalized women in the world!) you as a fellow female debtor sympathize and genuinely wish us well!
                You deserve a rich and happy life after BK13. May you only know prosperity!
                Most people on these forums would rather die where ever their BKs occurred than make the physically, financially ,and emotionally difficult decision to move away quickly before losing even more to the homestead that ruined them in the first place.
                I recall just broke saying something in essence like, "A BK 7 or 13 can't save you from a too high mortgage or other property you can't afford to keep."
                Well, it sure can't save you from an aging home that will need mountains (note the Colorado pun LOL!) of work (if you don't sell while the market is still hot!) and is slowing crippling you (daily stairs!), an arid, high altitude environment at once toxic with extremely unhealthy air and rife with year round smog and frequent wildfire smoke, constant body inflammation that can only go away with exposure to a sea level climate and normal humidity, and total boredom with an empty landscape void of energy and intellectual life.
                I would hope every one would agree that all discharged debtors deserve to be happy and like their surroundings, not just those savvy and clever filers who managed to discharge $$$$$$ or some how really adored the entire BK13 experience, so no attacks!!!!!
                The whole point of BK13 is to reclaim freedom from crushing debt and the ability to really live and enjoy life ,not just stay where you are so you can keep what ever possessions the trustee and the creditors allowed you to exempt and learn to accept that settling and knuckling under is a debtors just desserts!
                Last edited by Barbisi; 09-15-2021, 11:09 AM.

                Comment


                  #9
                  Originally posted by Barbisi View Post
                  Originally posted by justbroke
                  A BK 7 or 13 can't save you from a too high mortgage or other property you can't afford to keep.
                  True story! Of course what I wrote is an oversimplification, but Barbisi gets it. There can be other factors.
                  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

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