Can this get any weirder? re: ch. 7/homestead problems

[cherir]

OK, I am speechless at this point. As I posted, our trustee is objecting to our Arkansas homestead since we were forced to amend to Iowa exemptions. Our attorney is working on that, and will fight it to the death. Yippee.

So, imagine my surprise when I pulled up Pacer today and saw DISCHARGE OF DEBTOR!! Huh? Our last day for objections was yesterday although our 341 was just on November 1st (rescheduled twice out of our control). A hearing for these latest objections is set for the 30th of this month.

Our lawyer's assistant was shocked when I called her, and said this was the court's "discharge day" and maybe we were discharged in error.

Can we be discharged with the trustee arguing over an asset? Or should we expect that filing to be rescinded??

[BK'd-Betty]

If I had to guess, the discharge will be set aside. But hey, weirder things have happened!

Hope this goes well for you!

[HHM]

Actually, there is nothing weird about this at all. See this post regarding the difference between discharge and closing.

http://www.bankruptcyforum.com/showthread.php?t=10879

Discharge has to do with your creditors and debts and the discharge of your debts. Discharge has nothing to do with your Assets. Disputing asset status is with the trustee and is part of the "administration" of your case and adminstration and disposition of your Bankruptcy Estate.

In short, this is perfectly normal. Your case is still "open" but you have received your discharge. It will probably be some time before your case closes.

(note, when you read the thread I mentioned above, you are in that small percent where the debtor is involved in what happens between discharge and closing, namely, you have an active dispute with the trustee regarding the status of certain assets).

[cherir]

Well, it certainly is good news then that we are discharged, BUT we are facing losing our house!! Hard to get too excited....but we can just sit and wait and see what happens.

Continuing to sigh.......