Can a UST discharge and close a Ch 7 before the 60 days?

[csonly]

We had a statement of POA, which on 2/17 that was determined to be inappropriate and could not fund a 13, so my attorney informed me that we would be discharged and he lead me to believe that would be when the 60 days was up after our 341, which would be beginning of March. Now here's the crazy part, I just checked pacer today and the status says:

PENDING STATUS:
Case: Closed
Begin date: 02/18/2011
Time in status: 2 days
Status set by: Request to BNC - Final Decree

I'm confused - our 60 days from the 341 is not up until 14 more days. Are we now discharged or will that happen automatically in 14 more days?

Is this a good thing? We are no asset. I'm also curious why the time in status started over again???

[BKParalegal]

PACER can be dangerous to look at for the untrained eye. The UST does not discharge your case, what you are seeing is most likely related to the POA. You will get your discharge no less than the 61st day after your 341. The UST is not like Eric Cartman and is above the law. ( please pm me if you got that last joke)

Good luck

[csonly]

I'm confused, why would it show case closed and mentions final decree, is that just the POA closed. Why is the clock starting over? If we have 14 or 15 days which would be our 61st day from 341, the time says 2 days, does that mean the 30 or 60 days clock starts over??? Still confused.

[csonly]

BKparalegal - who does issue the discharge,the judge?

[BKParalegal]

The court does, every case has a case administrator that sets every case up for auto discharge or manual review. In your case it w flagged for the POA, so it is not auto discharged now, and the case administrator will have to manually discharge it. No big deal you will never know that is happening, I just know because i work with them.

Good luck and congrats on avoiding the POA

[csonly]

The POA was scary, even though I new we filed in good faith, it still didn't ease my mind, but with all the errors on our means and I&J schedules, it was pretty obvious we could not fund a 13. If I only found this board before we filed, I would have known what to look for when we reviewed the documents that were being filed. My attorney put our payroll deductions for insurances under taxes, that really made a mess of things.

So, when will know the discharge is final and decree is issued? When I get my copy mailed to me?

I agree, pacer is very confusing, but I never expected to see discharged and closed before March. So, do the days in status mean anything? How will the case administrator know when to manually discharge? Could this hold up the discharge?

[SunshineGal]

Congrats on the POA!