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    Hi guys.. I just found this board today and have a question. We filed 10/5/05 and yesterday got a notice that our debts have been discharged. My question is the Trustee had filed an objection to exemption on one thing and got it sustained. The other objection is supposed to be heard on April 8th. (This was after numerous postponements on their part) Are they still able to look at possible objections after the discharge?? Our lawyer is not in the office for the next few days and we are biting our nails LOL

    Thanks for any help you may offer..

    #2
    Discharged means you're done as far as Creditors are concerned is what I understand. Closed is when the Trustee is done with all their business with you.

    So while you are Discharged, you are not Closed. And Closed won't come until the Trustee get's done with all his/her investigations and determinations.

    Closed is when you BK is done, DONE!!
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

    Comment


      #3
      Originally posted by SinkingFast
      Discharged means you're done as far as Creditors are concerned is what I understand. Closed is when the Trustee is done with all their business with you.

      So while you are Discharged, you are not Closed. And Closed won't come until the Trustee get's done with all his/her investigations and determinations.

      Closed is when you BK is done, DONE!!
      So we still have to deal with her objections to our stuff even after we were discharged. I am soo confused with all of the different things that go on with Bk's. Thanks for your response..

      Comment


        #4
        That's probably the case, Jhb.

        When the Trustee is satisfied, or the Judge orders otherwise, that's when you'll be done.

        But you're just dealing with how exemptions were handled, is that correct??

        If so, could be, that probably you'll have something the attny put an exemption on won't be completely covered. The Trustee will pick a number what will satisfy her, financially speaking, and you'll have to pay some bucks to settle the deal.

        That happened a while back with a Pro Se filer. They had about $7K of assets that weren't properly exempted. One item was a car that could have been sold outright to settle the amount. The Judge stepped out of the room to let the Trustee discuss it with the filers. The Trustee immediately turned and said, "How does $3000 sound to you? You can borrow it. Get your parents to pay. I don't care how you come up with the money." And they agreed on $3K. Judge came back in. Case settled.

        Also, Trustees will quite often take payments, if you happen to wind up in that situation.
        Filed Ch 7 - 09/06
        Discharged - 12/2006
        Officially Declared No Asset - 03/2007
        Closed - 04/2007

        I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

        Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

        Comment

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