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Day 64

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    Day 64

    I'm so glad that I'm past the 60 day mark! Now I'm just waiting for the discharge to post. I know that it can take a bit, so I am trying to be patient.

    So far, mine is a No Asset case. After the 341, the only thing that was posted was "341 meeting held." Should it say more? While at my 341, the trustee told everybody in the room to expect to give up their tax refund. So I have been expecting that, but I'm not sure how that works. I am getting ready to do my taxes, and will just have to call my lawyer to see what to do.

    So I'm guessing on Pacer, it will show that it will change to an asset case?

    I'm just kind of thinking out loud...I haven't posted much, but have been lurking every day since we decided to file. So thank you to everybody on here who has given their valuable information. I sooo appreciate it.

    #2
    I can't say, either, if your tax refund will turn you into an Asset case or not. That is probably something that is dependent on the rules of your local court, and/or your particular trustee.

    With that said, I would not worry too much about the number of days after the 60 day mark that your discharge come, unless it drags on for longer than a month or so. There is a backlog of cases, and it can take up to a couple of weeks for a case to be discharged. Also, some districts are automated, while others aren't.

    Now, if this should drag on longer than a month to six weeks, call the clerk of your BK court and ask to speak with your caseworker. You case number determines who that is. This person can tell you whether or not anything is missing in your file, or if there is something causing a hold-up.

    Good luck!: )
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."

    Comment


      #3
      Originally posted by jsparkles View Post
      I'm so glad that I'm past the 60 day mark! Now I'm just waiting for the discharge to post. I know that it can take a bit, so I am trying to be patient.

      So far, mine is a No Asset case. After the 341, the only thing that was posted was "341 meeting held." Should it say more? While at my 341, the trustee told everybody in the room to expect to give up their tax refund. So I have been expecting that, but I'm not sure how that works. I am getting ready to do my taxes, and will just have to call my lawyer to see what to do.

      So I'm guessing on Pacer, it will show that it will change to an asset case?

      I'm just kind of thinking out loud...I haven't posted much, but have been lurking every day since we decided to file. So thank you to everybody on here who has given their valuable information. I sooo appreciate it.
      jsparkels, I also filed as a no asset ch 7 and have waited over 60 days without hearing a thing regarding whether the trustee agrees and we are in fact a no asset, or whether the trustee disagrees and we are in fact an asset case. If they want to see tax returns I wish they would ask for them now, rather than wait months before they tell me.

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        #4
        If you are not getting more than $600 back, I doubt anything will happen. If you get a windfall, this could be the hold up. If turned into asset, usually the wait goes 90 days. 'Hub

        P.S. PACER should say if you are or not in their flags.
        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


          #5
          Originally posted by AngelinaCatHub View Post
          If you are not getting more than $600 back, I doubt anything will happen. If you get a windfall, this could be the hold up. If turned into asset, usually the wait goes 90 days. 'Hub

          P.S. PACER should say if you are or not in their flags.
          Hub,

          Nothing has been filed on my case in pacer since mid december, when I completed my second counseling class. What flags should I be looking for, and where are they on pacer?

          Comment


            #6
            Thank you for the responses. Just checked pacer and it shows that I am DISCHARGED!!! WAHOO!!! I am expecting a couple of thousand dollars back in taxes, so I am expecting to probably give that up. Pacer still says No Asset, but I think that might change. As much as we could use that money, giving up my tax refund is a lot better than trying to figure out how I am going to pay off the debt that was forgiven. So I guess I'll just wait and see...

            Comment

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