Discharge Papers

[Mrsawiggins]

Who discharges you, the clerk, trsutee or judge?
Why do some people wait so long?

[HHM]

Ultimately, the Clerk files your discharge and in most districts, the procedures is automated. But, the Discharge is a court order that requires a judges signature (in most districts, again, this process is automated and the judges signature is affixed electronically).

Pretty much all discharges occur on day 61 after their first scheduled 341 meeting (however, the clerk may take a few days to process the discharge). Really, the only time a discharge does not occur on that time frame is if (1) there has been a request for extension of time, (2) objection to discharge filed by the BK Trustee or US Trustee, (3), or most commonly, the BK trustee has not filed all the necessary reports (certain things need to be on file before the court's automated discharge process will generate the discharge).

[SinkingFast]

Why do some people wait so long?

Sometimes a particular Court uses a particular schedule too.

Our Court, Discharge is issued one week after the last day for Objections passes. The Court computer kicks on in the middle of the night and auto generates Discharges.

From there, cases are Closed 1 month after the last Notice is posted. BUT, the Clerk only closes cases 1x/mo, at the end of the month. So you could wind up waiting nearly 2 months if your last Notice posted early in the month.