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Discharged! But have an important question

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    Discharged! But have an important question

    Ok, We were discharged 2 weeks ago but our case is still open. We searched the trustee on pacer and all other 341 cases held on the same day are also discharged but they are all cosed and we are not.

    We were a large case over $300k so I can understand that the trustee might be fishing for something.

    In any case our schedule J was negative of around $50 using our actual true expenses so we are barely making it even after discharge.

    We are getting ready to contact the bank to see about getting a possible mortgage loan modification. Our current payment is $3600 a month and we are hoping to get the payment reduced by $600 or $700 a month.

    If we got a modification for lets say $700 a month, That would be a savings of $8400 a year. It seems to be a very possible modification since our rate is almost 7% and if we can just get a rate modification to 5% (no principle changes) it would come to that much money.

    If we did get a modification and our case is still open can the trustee try to take the new found savings? Or try to covert us to a Chapter 13 since we would on paper now have disposable income? Or are we safe to attempt this mod while our case is still open?

    #2
    Try calling your Bankruptcy Clerk. He/she will give you over to your case worker who can tell you much. Ours was not discharged for six months and when we called she stated well all you need is submit a marraige certificate (we use two sirnames) so I faxed my lawyer the document and within and hour I was discharged. I am not closed yet though as I owe a compromised settlement.

    The case worker can tell you the reason or even close it if it was a clerks fault. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      Its not a clerical error... They are waiting for the No Distribution Notice from the trustee. Last I knew the trustee was trying to get a value for my home business. I am my only employee and my own sales rep so I dont know how he is going to do this. If he took my business he would also take my job.

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