Can a bk7 be discharged when there is an AP in progress?

[AngelinaCatHub]

[HHM]

Yes, you will still get your discharge. AP's and discharge are unrelated.

Many people make the mistake of thinking their AP is suddenly dismissed when they receive their discharge, not true.

[AngelinaCat]

We are making payments to the Trustee buying back our non-exempt assets. Is that a factor in whether we are discharged or not?

[AngelinaCat]

We also have pending an agreement wherin we will pay back the Trustee an agreed on amount to handle the so-called insider payments. That will not be able to be handled before February of 2009. Can that be a factor holding up our discharge? We would love to be part of the apparent 'Discharge Week' going on.

[AngelinaCatHub]

Yes, you will still get your discharge. AP's and discharge are unrelated.

Many people make the mistake of thinking their AP is suddenly dismissed when they receive their discharge, not true.

Thank you HHM. I thought that was the fact. I’m pleased to have it verified. Now another question, it only applies to that specific complaint or debt? At this time they are re-trying a case that is five years old and stagnant for more than a year. Since he is harassing me, when he got the “Suggestion of Bankruptcy” he went this route to screw me up again. He is a main reason for my bk. To date, we have no judgment, no mortgage, no debt to this guy. He is attempting to stop bk to deplete my finances and has been doing this for eight years. So, IF I just rolled over and said OK, I am nolo and let him have a judgment, would the bk forgive it since I have no assets? BTW he has filed for 180 MILLION DOLLARS in his AP. His complaint is that I hacked into his computer to read his email. Not so. But to go to Court without money is a problem.

[JRScott]

Payments to the trustee does not affect discharge date if I'm correct, however it will change the close date.

[AngelinaCatHub]

Thank you JR, I'm not concerned about the close date, but the discharge is important. If the close date goes on longer does the "automatic stay" stay in place on an open civil law suit in County circuit Court?

That is what the AP is about. They claim Statutory damages even though nothing has been decided and they are AP-ing on Speculation that they "could" get damages. They are rehashing all of the previous Civil case attempting to Federalize it.