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    Will I ever discharge?

    I checked Pacer this morning since I hadn't checked it for a while - we received our refund last month, did our class, filed domestic support things months ago, and our status in Pacer is Ready To Discharge" and it's been at that status for 56 days now. Anyone know what the hold up could possibly be? Is the average time in this status longer than this? I have asked my attorney as well what the hold up could be, and I haven't had a response.

    #2
    If you submitted all of the required payperwork, including the second financial class and the affidavit on domestic support obligations (this is sometimes done on one form with the motion for entry of discharge), then your wait is anyone's guess. (You stated that you already did those things, but I repeat it for how the process usually works).

    In most Districts, after the motion for entry of the discharge, creditors are given a final chance to file an opposition to that discharge. Only your attorney can answer where you are "procedurally" within the sequence of events to get to the discharge order being entered.
    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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      #3
      Thanks for the feedback! I haven't heard from my attorney since Mid-November and I've called or emailed at least once a week with no feedback at all. I'll keep trying for sure and may just suck it up and call the Trustee's office if I can't get any help from my attorney

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        #4
        At this point of the game (you're all done - congratulations!) there is no harm calling the trustee's office to ask how long the discharge normally takes. Different districts do them differently.
        In my case, I was discharged a few weeks after my final payment was made; however, the case was not officially closed until 3 months later. Your trustee may do it all at once; everyone is not the same. I still say if you don't hear from your attorney there's no harm in calling. You may find they're friendly and helpful (I always did).
        Filed Chapter 13 - 07/20/12
        Discharged 8/2/16

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          #5
          Justbroke, what does that mean in regards to your statement below? If a Ch 13 filer completes all of his/her payments and waits to receive discharge notice; in the mean time creditors are given another chance to file oppositions to discharges? What happens if they do?

          "In most Districts, after the motion for entry of the discharge, creditors are given a final chance to file an opposition to that discharge"
          Filed CH13 Winter of 2018; Confirmed Summer of 2018; 5 Year payment plan

          Comment


            #6
            Originally posted by Robin2017 View Post
            Justbroke, what does that mean in regards to your statement below? If a Ch 13 filer completes all of his/her payments and waits to receive discharge notice; in the mean time creditors are given another chance to file oppositions to discharges? What happens if they do?

            Originally posted by justbroke
            "In most Districts, after the motion for entry of the discharge, creditors are given a final chance to file an opposition to that discharge"
            The debtor may have a creditor which was paid outside the Trustee and the debtor may not have kept up with those payments. This usually happens with mortgages paid outside the plan and is one of the most annoying things for a Chapter 13 debtor. The problem comes because most mortgage creditors will keep, internally, charging late fees and other fees throughout the life of the Chapter 13. When the Chapter 13 debtor has completed payments, a reconciliation occurs and (totally my guess) a full 50% of those mortgage accounts have the wrong balance owed (it should be $0 and current). Some of the creditor will manually go fix the issues (escrow shortages, late payment charges for 60 months, interest accrual, etc), and make sure you account is "current" at the time of discharge. In many cases, the creditor does not do this important check, looks at your account, and then files a motion for determining disability to disallow the discharge for that creditor. It's a royal pain in the neck, but it happens a lot.

            This can also happen if the Trustee, for example, was supposed to pay a secured creditor (car or the house) and made no payments the whole time. That happens less frequently, but it has happened!

            A Chapter 13 needs to shutdown "cleanly" and the entry of the discharge should be done after everyone has checked their books, so to speak. While many debtors don't have issues at discharge, there are enough of them that do have these issues that give me cause for concern.






            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


              #7
              Don’t despair, it took almost five months after my five year plan to receive my discharge. Congratulations btw.

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