Pacer still shows 707 flag a week later

[kimba251]

My discharge will be Aug. 18th but my 707 flag is still on case summary and dockets. My creditors also haven't been notified of the declination fled by UST. Will they catch this glitch when my case goes to get discharged?

Is the discharge an automatic porcess or is a real person checking things when discharge date comes?

[BKParalegal]

The only 707 I know in BK is:

Motion to dismiss with prejudice pursuant to 11 U.S.C. Section 707(a) and denying
discharge pursuant to 11 U.S.C. Section 349(a), if debtor is an individual.

Did you file Pro Se?

[kimba251]

Isn't it a flag that presumption of abuse has arisen and my section was 2 so for income reasons?

UST filed presumption of abuse but then filed a declination to dismiss because of circumstances she was unawre of before her investigation. Isn't that what prompted the 707 in the first place? My case should be discharged since she filed declination right?

[BKParalegal]

It should be then, but have no way to tell until you receive the discharge.

Good Luck

[Help!]

707(a) is the flag for UST Motion for Fraud, 707(b) is the flag for UST Presumption of Abuse. Only the 707(a) flag results in dismissal with prejudice.

You have the all-important declination from the UST, but the 707(b) flag will prevent discharge as long as it is present. Have you talked to your attorney about this?

[kimba251]

I'll check with my attorney on Thursday. We have court that day.

I thought it would disappear but it's still there today. I hope it just got overlooked. I haven't seen anything filed on Pacer.

[kimba251]

Flag is still there Declination was filed July 28th. I have had no creditor objections yet and my discharge will be August 18th. I have 50 days since creditors meeting.

THis flag will stop my discharge but my lawyer was not at all concerned. He said it sometimes takes the court awile to catch up. I don't buy that because Pacer has been dead on for EVERYTHING else. I had a reaff meeting yesterday, today pacer shows REAF flag removed and shows documnets for reaf.

Can I call the bankruptcy court clerks myself if it gets to Aug 18th and the flag is still there? Do they not like that?

What should I do?

[MomIcantFindmy]

Let us know what happens when you call the clerk. I have been inclined to do that as I am on day 71 after my 341 but a bit worried I will step on my attorneys toes (they have been pretty good to me so far) or irritate the clerk. Let me know how it goes.

[kimba251]

I think I'll wait until Aug. 19th before I would even call. I am hoping it will be corrected by then so it gets discharged.

I'm a little afraid of bothering the clerk myself . I don't know how they feel about that plus my lawyer has been great also.

He made me a little nervous though when he said we should be all set but that the creditors meeting trustee could still object. After all this time and after having the UST say the circumstances warrant a declination to dismiss I don't know why she would.

I guess I'll wait and check Pacer and see what happens.

[Help!]

It's possible that when the deadline for creditor objections has passed, a BK clerk will update your case and discharge you. When I talked to the BK clerk in our district a couple of days after our deadline, she said that she would have to look into our case to be sure she could manually discharge us because of the prior UST involvement. She did, and discharged us a couple of hours later. She was very helpful and friendly (even though she sounded really swamped).

[kimba251]

THanks Help I can't wait until the 19th. I even have to wait 61 days instead of 60 because of the weekend ughhh lol. I am kind of hoping it was overlooked and someone sees it there and fixes it.

It kind of makes me nervous that it is still there. It makes me think it's still there for a reason for it to be there. Does anyone know if it is the job of the clerk to see declination was issued so therefore the flag should be removed or does the UST send semething to release the case for discahrge?

[Help!]

I know what you mean... I held my breath expecting the worst until discharge finally happened (and those last few days of waiting made me crazy). Not sure who directs the BK clerk to remove the flag, but I'll bet it was overlooked and the clerk will catch it. Hang in there....

[BnkrptcyLwyr]

The flag has nothing to do with it.

The UST should've filed a statement of presumed abuse.

He then followed up with a declination - meaning, he will not be filing any motion to dismiss.

He had 30 days after filing the statement of presumed abuse to file his motion. See 11 USC 704(b)(1) and (2).

Note, that would not prevent another party (entitled to do so) from filing a motion to dismiss. Those deadlines apply to the UST. But the likelihood of someone other than the UST filing a motion to dismiss is effectively 0%.

[kimba251]

Thanks BnkrptcyLwyr so barring any other filings to dismiss I should be all set for my discharge? (not including any creditos objections if they are filed)

UST did exactly as you stated also on the 10th day after creditors meeting and the 30th day for deadline to decline,convert, or dismiss.I appreciate your insight

[BnkrptcyLwyr]

Thanks BnkrptcyLwyr so barring any other filings to dismiss I should be all set for my discharge? (not including any creditos objections if they are filed)

UST did exactly as you stated also on the 10th day after creditors meeting and the 30th day for deadline to decline,convert, or dismiss.I appreciate your insight

If the deadlines have passed, you should be all set. It's just a matter of waiting - which is the maddening part.