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Discharged!

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  • Discharged!

    Date filed: 01/25/2016 Date of last filing: 03/09/2018 Plan confirmed: 09/30/2016
    Debtor discharged: 03/09/2018 Joint debtor discharged: 03/09/2018

    Converted from a 13 in November 2017. Got deceased spouse's requirement to take financial course waived on 03/06/18.

    Now waiting for closing. Still no trustee report for Chapter 7, even after 341 in December 2017. That status shows 526 days.....sigh......

  • #2
    Is that 526 day status for the Chapter 13 discharge? If so, it will likely stay in that state forever since you received a Chapter 7 discharge. I write that because it hasn't been 526 days since December 2017 (when your Chapter 7 341 Meeting was scheduled). Otherwise there's something strange with the docket entries.
    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


    • #3

      Pending Statuses
      Awaiting Trustee's Report 09/30/2016 525 days Order Confirming Chapter 13 Plan
      Awaiting Closing 03/09/2018 0 days Order Discharging Debtor- auto

      I am thinking the Status is going to be Awaiting Trustee's report until the Chapter 7 Trustee files, and it is just using the original confirmation date for the Chapter 13 as the Begin Date. There was actually 88 days between the 341 meeting and the discharge.

      Justbroke, how long was it from your Discharge to your Closing?

      Comment


      • #4
        I would never look at that Status link on PACER for managing my case. I can personally tell you that my case was closed in 2010 and it still reads "Awaiting Confirmation" and is some 3375 days in that status (I just pasted that from PACER)! Those are tickle dates and used by the Clerk's office. As you can see, they are meaningless to most people.

        If you look specifically at yours, you can see the problem that mine has. My case was a conversion from Chapter 13. That "Awaiting Trustee's Report" is the Chapter 13 Trustee's report and it's never going to come.

        The more important thing is to look at the Case Summary to look at what flags are on the case. That will likely drive the closing more than those tickle dates (since the tickle dates don't prevent anything from happening, as far as I know).

        (Personally my closing was 6 months after discharge because I had an open Adversary Proceeding against a creditor. Even though that AP was completed prior to discharge, it kept the case open until I reached out to the judge's law clerk because the AP was still "technically" open.)
        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


        • #5
          Justbroke, the flags section says "CONVERTED"

          Comment


          • #6
            Converted may cause them to do things manually rather than automatically. I can't comment on how each Clerk's office functions inside the Districts. Many of those flags and tickles dates are used for Case Management purposes and do not necessarily reflect reality.
            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
              UPDATE; The judge just sent the Trustee and the United States Trustee and "Notice of Status Conference". Looks like a "Get off your butt and file the Trustee's report' notice to me. Gave them until 9/11/18 to file an update or show up in court on 09/18/18. Finally, some movement!

              Comment


              • #8
                More movement.....Trustee filed a letter today 9/17 with the court indicating he is scheduling a 2004 Examination for me, and requests the court not ask for another update for 90 days. The Trustee is 6 days late filing his response, which was due 9/11, Exact wording: "A STATUS REPORT MUST BE FILED WITH THE CLERK NO LATER THAN SEVEN (7) DAYS PRIOR TO THE HEARING." (Scheduled for tomorrow 9/18) "APPEARANCES ARE: [ ] Required [X] Not required if a Status Report is filed."

                Any chance the judge can ignore this filing? Would the Trustee still have to appear at the hearing? Any chance the judge can order them to close my case? (We got discharged 6 months ago.)

                Gonna vent for a minute:

                We were broke when we filed chapter 13, with good income. Husband was in school, getting advanced degrees as he climbed the corporate ladder and getting closer to better income. (Think National VP position in his sights within 5 years...) We owned paid off cars not worth anything, no equity in the house (still don't have any) and had like $1800 in the bank. Husband died suddenly 10 months after filing, and I converted the case to a 7 since my income was now cut down by 75%. Don't think there is much the Trustee can get, as life insurance proceeds are exempt in NJ and we filed under NJ exemptions, On top of that, the life insurance proceeds did not exist at the time of the original filing in 2016. The life insurance premium payments were included in our chapter 13 paperwork, so its not like we hid anything. Even the Estate proceeds did not exist, as hubs was still alive. As long as he was alive, there was nothing.....but our income. From all my research, the Chapter 7 assets are the same as what existed on the date we filed the 13, and nothing else.

                And the case drags on......I want to give away our timeshare (bought for $1 on ebay and in the bankruptcy estate) and move on. But can't until this is Closed. Any insight is appreciated. My teen and tween will probably graduate college, and get married and I will have grandkids before all this ends.....if it EVER DOES.......

                If I did anything as slow as the courts do, I would be fired and unemployable. Ugh.

                Comment


                • #9
                  Dead13 - with regards to your husband - I am sorry for your loss. It does appear as if things are moving slowly in your case - I hope things start moving quickly for you soon.

                  Comment

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