Discharge vs closed - buy back

[Leesa0926]

So our discharge date would be July 7th. We had about 7K of non-exempt assets that the trustee says he feels is more like 10K so they're working that out now. We can either pay over 10 months at the longest or earlier.

My question is are we still granted as discharge even if we choose the 10 months for example if I can pay the non-exempt in a buyback let's say in December will I still be technically discharged where I can start rebuilding in July or will I not be able to start rebuilding until after I pay back the non-exempt assets.

[MyAZLawyers]

You typically receive a discharge after the court indicates that you have completed all of the bankruptcy duties including the treatment of non exempt assets. If you are doing a buyback in 10 payments, you will still get the discharge back to an agreed upon date, but it could still be an issue of what the trustee asked for. You might be able to start to rebuild credit, but the case could still not be fully closed while the buyback is resolved.

[despritfreya]

You typically receive a discharge after the court indicates that you have completed all of the bankruptcy duties including the treatment of non exempt assets. If you are doing a buyback in 10 payments, you will still get the discharge back to an agreed upon date, but it could still be an issue of what the trustee asked for. You might be able to start to rebuild credit, but the case could still not be fully closed while the buyback is resolved.

This response is confusing.

1. OP will get his/her Discharge timely if OP has filed his/her Financial Management (pre discharge) Certificate and no one timely objects to the entry of the Discharge. The objection deadline is 60 days after the first 341 meeting unless extended by the Court based on a motion filed by a creditor, the Standing Trustee or the US Trustee.

2. OP can begin to attempt to rebuild credit at anytime he/she wishes but many wait for the entry of the Discharge.

3. The closing of the case has nothing to do with the entry of the Discharge. The case will be closed shortly after the Trustee completes gathering assets, paying creditors and files his/her final report. The longer OP takes to pay the Trustee the longer it will take to close the case.

Des.

[Leesa0926]

Thank you all. My discharge came in on Tuesday!