Awaiting Discharge

[AnnaO]

It has been 71 days since 341 hearing. My lawyer seems to think the discharge will come any day now. But I am wary because the trustee had requested a ton of additional documents (bank, house, every account I had signing ability on), so he is supposedly reviewing all of this financial documentation from the past 18 months. Admittedly, his request was vague, so I buried him in paperwork.

Is the discharge dependent on the trustee finishing his evaluation of all the information? Or can bk court discharge without his sign off?

It is a no asset case, but because I live in a community property state, he may find that my husband has an asset or two and half of the assets are due to me. (I'm the only one filing bk because of bad, bad, bad business venture).

The longer it drags on, the more nervous I get (especially because I am also 4 weeks away from having our second baby so I'm already anxious enough). I just want to move on.

Anyone else go through this type of investigation from the trustee?
Thanks!
~A

[AngelinaCatHub]

Yes, we waited six months due to a clerical error. We also have an Adversary Procedure in progress but that didn’t hurt the discharge. Call the Clerk at the Court and have you case number handy. They should know what is due. ‘Hub

[TEW]

I would be nervous too

[laurannm]

I have seen some cases in my area that take up to 2 weeks before a discharge was issued. I agree with 'Hub, call the clerk's office and see what they say.

[TEW]

If you have a lawyer they wont talk to you

[Cali]

I think it depends on how busy the clerk office is to when you will be discharged.

[laurannm]

I am pretty sure the clerk will talk to you....it's the trustee\UST that won't talk to you when you have a lawyer.

[AnnaO]

It may be TODAY!

I called the clerk's office and was transferred to the case manager assigned to my case. He investigated all of the docs filed, and called me back. There were a couple of administrative errors that caused the delay.

But the end result is that he is reporting my case to be discharged TODAY!!! I could receive the notice of discharge in the mail as quickly as tomorrow! I am still not breathing a complete sigh of relief, but it will be progress.

The review by the trustee is still pending and will delay the case from closing. Because it was a business, it is a complicated case with priority creditors that will still need to be paid, so anything the trustee finds will go to them. I expected that from the beginning.

But the case manager is also going to light a fire under the trustee for why he hasn't yet filed his report of no distribution (or distribution, if he finds any assets). I feel this is only fair. We are entitled to due process in any court matter, and the courts don't want delays either. If he is going to find anything or do anything, do it now.

I have another baby arriving in a few weeks and cannot emotionally or financially let this drag on. The discharge will go a long ways toward resoving this and helping us sleep at night!

Thanks for the advice and support.

[AngelinaCatHub]

Mrs. doesn't always agree but 'Hub has SOME good ideas some times.

[AngelinaCatHub]

I got to the point of almost seven months and I said what the h*ll, what do I have to lose? The clerk said we needed to submit our marraige license that was all. I emailed our lawyer and not one hour later "HAMSTER DANCE"!!!

[AnnaO]

It wasn't bad calling the clerk and case manager at all. I was super polite and so was he. They want to do a good job and don't want to see mistakes or delays either. Part of the delay was my lawyer's fault and part was the clerk's office administrative error, so I was completely understanding. Now PACER shows the final discharge document and most importantly, it says "Date of Discharge: Sept. 19, 2008" !!!!

Yay! That step is final. And I feel empowered because I helped to make it happen!

[AngelinaCatHub]

Okay boys, here we gooo..... http://www.youtube.com/watch?v=_1_kgNp9oQg

[WoodSprite]

Now PACER shows the final discharge document and most importantly, it says "Date of Discharge: Sept. 19, 2008" !!!!

Yay! That step is final. And I feel empowered because I helped to make it happen!

Way to go, Anna! Now you can focus on the really important issue at hand. Have you picked names yet? Congratulations, and have a happy, peaceful weekend.

[AngelinaCat]

CONGRATULATIONS!!! 'Hub beat me to it. But welcome to the September Club!!!

[WoodSprite]

CONGRATULATIONS!!! 'Hub beat me to it. But welcome to the September Club!!!

Gosh, I made up the September Club, and I forgot! You're lucky number 13.