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    Case Closed????

    I decided to post this again. I'm totally confused. Pacer shows "case closed." I printed some of the documents, it says joint debtor discharged and signed by the BK judge. For the debtor it says N/A. I'm the joint debtor, so why wasn't the debtor discharged? Just to recap, we had a POA that was deemed to be inappropriate, but really our 60 days from the 341 isn't until March. I'm totally lost.

    BKParalegal - Thanks for your input, but I'm still confused why it says that I'm discharged but not my husband. What am I missing here?

    I really need to know what is going. How can they discharge my husband if the case is marked as closed???
    Filed Ch 7: 11/2010 and 03/2011 and closed

    #2
    I am confused as well, can you post the docket report and cut out your info, otherwise talk with your attorney. I can guarantee no one gets an early discharge.

    Good luck
    Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.

    Comment


      #3
      This was just for me, the joint debtor, no mention of my husband (debtor). The status says case closed. I'm thinking there was an error somewhere along the line after the POA was deemed inappropriate. Again, why would the days start over, it should be at like 46 days in status, but now shows in status 2 days. If an error, can they fix this with it being "closed" status.

      Chapter 7
      Case No. XXX
      DISCHARGE OF ONE DEBTOR
      It appearing that joint debtor XXX is entitled to a discharge,
      IT IS ORDERED:
      joint debtor XXX is granted a discharge under section 727 of title 11, United States Code, (the
      Bankruptcy Code).
      BY THE COURT
      Filed Ch 7: 11/2010 and 03/2011 and closed

      Comment


        #4
        Hi csonly,

        Sometimes PACER is more of a curse than blessing....its not standardized, each court can use their own terminology.

        The status is probably X days from Y event, look back 2 days and see what happened there.

        ...a real stretch here...could 'case closed' refer to the UST POA motion and not the overall case?

        For you to get discharged and not your spouse on a joint filing seems really odd. The only thing I can think of is he has some separate assets that were in his name only.

        Hopefully your attorney knows the PACER code for your case. Ultimately you should get hardcopies in the mail, those are the ones that count. In the meantime, if your attorney doesn't know what your PACER entries means, you can (very nicely) ask the court clerk.

        Hope you are getting things wrapped up, God forbid this is more trouble for your case....

        Tom in Colo
        Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

        Comment


          #5
          Waiting on a call back from my attorney. Pacer also showed the creditor matrix and to me, it looked like the discharge for me was sent to creditors already. I just don't want this to cause a problem if a creditor didn't have those 60 days to object, etc. We are no asset, so that wouldn't hold anything up. Everywhere I look on pacer it shows case closed. At first, I did think it was all about the POA issue being determined as inappropriate, but then when I saw the discharge order, that didn't make sense. Most people here can't wait to see "discharge - closed." I also noticed there were 2 discharge orders for me, 2 different days entered in pacer, but both with the same date. I wonder if they discharged me twice by accident? I have to wonder why the courts encourage us to use Pacer. Apparently changes can be made when the case is closed, because my "second discharge" was entered 2 days after the first one. This has been a struggle from day 1 and as much as I want it to be over, I want it to be done right.
          Filed Ch 7: 11/2010 and 03/2011 and closed

          Comment


            #6
            The second one would be more important than the first one as they cannot remove any paperwork in Public Record so an error was made on the first. If they discharged in error a clerical 'set aside' will be posted. Why POA? Is hub not able to answer on his own? (as in stroke or otherwise) (not being nosy, just that WE were NOT discharged for a while due to the fact we did not give a marriage certificate. We use different sir names legally.)

            In any case, this too will pass once 60 passes. '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.

            Comment


              #7
              We're back in the 60 day club, the order for discharge, etc., was vacated today, stating it was issued in error. So we have like 12 days left in the 60 day club. The time in status still only shows 4 days, since they filed the other orders by mistake, so does anyone know if the days in status prompts the discharge? If so, I will have to see about getting that changed, as that will take us way passed the 60 days.
              Filed Ch 7: 11/2010 and 03/2011 and closed

              Comment


                #8
                AngelinaCatHub - POA was because we were over median, but have special circumstances, so that was deemed as inappropriate and we are moving towards discharge. It seems to me that the clerk made the error and filed the discharge too early. Hub can answer for himself. I think the 2 discharge orders for me were also an error, I think one should have been for him and one for me. Again, this was all an error anyway, so it doesn't matter now. We'll just wait out the remaining days and hopefully get a REAL discharge for both of us this time. Another question...in a joint filing, does each person (debtor and joint debtor) get separate discharge orders?
                Filed Ch 7: 11/2010 and 03/2011 and closed

                Comment


                  #9
                  Originally posted by csonly View Post
                  Another question...in a joint filing, does each person (debtor and joint debtor) get separate discharge orders?
                  We were joint debtors, and both of us got the Discharge orders. They were identical, and listed both of our names, but he got a copy mailed to his name, and I got a copy mailed to my name. Those were from the court. Then when our attorney got the word, she in turn mailed us each identical copies. (I wonder how many trees died? )
                  "To go bravely forward is to invite a miracle."

                  "Worry is the darkroom where negatives are formed."

                  Comment


                    #10
                    Hi csonly,

                    We got two discharged, identical execpt the names were changed, issued same day.

                    You're almost there, we're rooting for you here!

                    Tom in Colo
                    Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

                    Comment

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