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    still awaiting discharge

    hi all
    I wish i had something to post... my 341 was 7-24-07... no discharge as of yet. i will check pacer today.

    but i feel a strange calm right now.

    If they dont post a discharge then the bank cant foreclose on my house correct?

    if this is correct, then they can take as long as they want... the longer the better so i can save save save my money.
    filed chapter 7 6-20-07 :blink:341 7-23-07, presumption of abuse :cry:7-24-07, motion to dismiss :aggress:8-24-07, notice of with drawl motion to dismiss 9-13-07:yahoo:Discharged 11-23-07:yahoo::yahoo::yahoo:

    #2
    if you are behind on your house payments and you are surrendering the house the bank can request to have the automatic stay lifted and then they can start foreclosure proceedings

    check with your lawyer on the length of time for your state.

    When you are surrendering property you have to defense to stop the lifting of the automatic stay

    Comment


      #3
      Dumbdumb, have you called the Bk courts to find out why it is taking so long??? Sometimes if you call and give them your case number they usually will review your case and discharge it unless they are waiting for tax returns or something but you would know by now. Did you take the post bK class??? this could hold up your discharge as well.

      In regards to your home, if the bank wants they can request a lift of stay as stated above, you may want to start looking for a place to live because you discharge could be any day now.
      Success is reachable, stretch out your arm and grab it.

      Comment


        #4
        Originally posted by freshstart06 View Post
        Dumbdumb, have you called the Bk courts to find out why it is taking so long??? Sometimes if you call and give them your case number they usually will review your case and discharge it unless they are waiting for tax returns or something but you would know by now. Did you take the post bK class??? this could hold up your discharge as well.

        In regards to your home, if the bank wants they can request a lift of stay as stated above, you may want to start looking for a place to live because you discharge could be any day now.
        as far as i know everything is complete ...did financial management course... all paperwork turned in.. last thing entered on pacer was motion for reaffermation agreement on 9/26 for my truck.

        the bank for my second home filed for relief from stay back in july but still has not foreclosed. its been 10 mos since a payment was made to them.

        the bank for this (the house i live in) has done nothing as of yet. i am going on 5 mos past due on this home.

        i dont really want to call the bk courts just yet... maybe my case is lost in the pile somewhere and bk wont be discharged for another month or two or three... that would be nice.
        filed chapter 7 6-20-07 :blink:341 7-23-07, presumption of abuse :cry:7-24-07, motion to dismiss :aggress:8-24-07, notice of with drawl motion to dismiss 9-13-07:yahoo:Discharged 11-23-07:yahoo::yahoo::yahoo:

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          #5
          I wish I was patient like you, I want to be discharges asap. If I am not discharged by my birthday, I am going to call them on my birthday and ask them to give me the best birthday present ever and discharge me. LOL.
          Success is reachable, stretch out your arm and grab it.

          Comment


            #6
            Originally posted by freshstart06 View Post
            I wish I was patient like you, I want to be discharges asap. If I am not discharged by my birthday, I am going to call them on my birthday and ask them to give me the best birthday present ever and discharge me. LOL.

            LOL, that's funny!

            I guess I was one of the lucky ones. My closing AND discharge were posted the very same day, and exactly on the 60-day mark. I was so happy.

            Good luck!
            Filed Ch. 7 June 14, 2007
            341 Meeting July 19, 2007
            Discharged September 17, 2007
            Closed September 17, 2007

            Comment


              #7
              you don't have to rub it in LOL, LOL, LOL One day, I say, I will join you in the defeat and glory LOL, LOL
              Success is reachable, stretch out your arm and grab it.

              Comment


                #8
                Oh you will, freshstart.......I'm watching for your good news one of these days! Won't it be wonderful?
                Filed Ch. 7 June 14, 2007
                341 Meeting July 19, 2007
                Discharged September 17, 2007
                Closed September 17, 2007

                Comment


                  #9
                  Who actually is does the discharge??? the clerks??? It is like the take their sweet time... I mean what else could they be waiting on in regards to a no asset case that well passed the 60 days without objections??? Just close my case. Hopefully, Monday I will have good news.
                  Success is reachable, stretch out your arm and grab it.

                  Comment

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