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Any rhyme or reason to discharge order?

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    Any rhyme or reason to discharge order?

    We were eligible for discharge on 3/14/11, I've been watching pacer everyday and have not yet been discharged, but I've noticed that other cases with the same filing date and filing dates after ours (all same 341 date, court, & trustee) have been discharged already. Our atty says that everything looks fine for discharge, but still we wait. Is there any type of procedure the court goes through on who they chose to discharge and who gets to wait until they have time to get to it?

    Should I call and ask the clerk when it will be discharged?

    Thanks for your help!

    #2
    There's no particular rhyme or reason and it may in fact be case specific. Don't call the clerk - they have no control over it and wouldn't know.

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      #3
      Well, I thought this info might be helpful to others...

      I did call the clerk about 30 minutes after I posted here. She said that my case was due for discharge on 3/14/11 and to give them about a week to get it done, which was.....toda (she determined) she said she would put a notice on our case to have it looked at by a case manager. I told her that would be SO great and then asked her how are cases pulled (other than the obvious laws governing the dates and deadlines) for discharge. She said it all depends upon if the case needs to be gone through manually or not. I see now that I...along with many other with the same 341 date...have orders of discharge! YIPPEE! I went with my gut instinct, called, and one way or the other it helped bring a conclusion. BTW, I spoke with the "operator" at the court and she was very pleasant and I was more than nice with her as well. WIN WIN.

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        #4
        Congrats - what a great feeling you must have right now!

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          #5
          In our area, the clerk gets a flag, and depending on their workload, may not have a chance to get the discharge entered after reviewing the case or if that clerk is out and has cases ending in 00-24 those may not discharge on their eligible date, but 25-52 may. It's a process I'm sure but across the board, the cases have to be reviewed before the button is pushed to enter a discharge - But the waiting must be awful!

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