Christmas presents .. am I in trouble?

[Intoodeep80]

I spent $1400 on a christmas present to myself this year, should I tell my lawyer?!

Just kidding. Well sort of... (my lawyer cost $1400)

I received a big thick yellow envelope in the mail Wednesday, my lawyer filed all of my chapter 7 papers and my 341 is scheduled for 1-29-09! Talk about fast.

I consider this a Christmas present to myself, perhaps the best ever. IF all goes well, my birthday is in February, what are the odds of being discharged by or on my birthday?! That would be soooo awesome!

[TEW]

it's not looking good for your b day but may for mine lol

[relief13035]

Well you definately won't be discharged by your birthday, BUT hopefully all will go smooth for you and you WILL be in the 60-day club! Patience is a virtue. Believe me, it seems like the process takes forever, but it actually goes by fast. We are just 35 days away from discharge and this has been the most eyeopening experience that I have ever gone through.

[Intoodeep80]

What is the average it takes to be discharged after filing? How long after the 341 meeting?

I thought I remember hearing waiting for 60 days for any creditors that might want to oppose? Is 60 days the right number?

[relief13035]

It's 60 days after your 341 hearing

[AngelinaCat]

It's 60 days after your 341 hearing

It is 60 days after your 341, unless you are ruled an 'asset case'. If you are, then another period of time is tacked on so that the notice of assets can go out to your creditors.

In our case, our 341 was Feb. 7, 2008. Our 60 days should have been up in April. But we were ruled an asset case in March, which pushed our discharge date back to the middle of June. When we still weren't discharged by August, we called the clerk of our BK Court to ask why? The 'why' was that a copy of our marriage license had not been filed with the court--we use two different names. Yet we had a copy of it with our paperwork at our 341, only to be told by the trustee that he didn't need it. Go figure.

Here is hoping that all goes well with you, and Merry Christmas.

[Intoodeep80]

What determines if you are an "asset" or "non asset" case?

[AngelinaCat]

In our case, we listed too many possessions in our list that either weren't covered by the exemptions allowed in our state, or we made the mistake of valuing our items at too high a price. These are common mistakes that most everyone does.

[relief13035]

Cat - if you don't mind me asking, how much did you have to "buy back" in your asset case?