UST filed another motion to extend deadline

[justbroke]

I missed your post, but this is excellent news. It always helps to call and ask when the discharge should have been issued. Congratulations!

[keepsmiling]

Excellent!

[spydc]

I just wanted to report that I contacted the BK Clerk's office yesterday and left a voice mail. The supervisor called me back today and told me she has issued my discharge. I checked on pacer and the discharge is there. Now it is awaiting closing. I'm still in shock! I'm so happy!

[spydc]

Thanks. I always appreciate your timely responses. Since the last extension has ended, a part of me is considering calling the clerk's office to inquire about the discharge.

[justbroke]

There isn't a "new" one. It should have been whenever the last extension ended (or ends).

[spydc]

Justbroke,

Thanks for the reply. As far as the new discharge date, isn't it immediately since the second extension was not granted? I'm a little confused as to when the new discharge date should be?

[justbroke]

In addition, the flags are : MEANSNO, NARPT, EXTOBDIS

MEANSNO is just that you "qualify" for a Chapter 7.
EXTOBDIS means that you have an extension to the timeline to object to dischargeability.
NARPT means Trustee Report of No Distribution

With that EXTOBDIST flag, I think your case needs to be manually discharged. Just wait until a few days after the discharge date and see if it was discharged. If not, call your Case Manager and see if they can do it right over the phone (they will sometimes do this!).

[spydc]

Justboke,

The UST filed for the first extension before the expiration of the first 60 days and it was granted. The UST filed for a second extension on the "second" 60th day but the court date to review the motion was a month later. In the end, the UST filed for a withdrawal before the scheduled court date.

Pacer docket report:
05/14/2012 Minute of Hearing Held, OUTCOME: Withdrawn (related document: 11 Motion to Extend Time To Object to Discharge, in addition to Motion re: Extend Time To File Motion To Dismiss. Filed by United States Trustee.) (axg) (Entered: 05/15/2012)
05/14/2012 14 Withdrawal of Document (related document:11 Motion to Extend Time To Object to Discharge, in addition to Motion re: Extend Time To File Motion To Dismiss. Filed by United States Trustee. Hearing scheduled for XXXXXX) filed by United States Trustee. (United States Trustee, XXXXXX) (Entered: 05/14/2012)


In addition, the flags are : MEANSNO, NARPT, EXTOBDIS

Does this mean it will not auto-discharge? Do I need to do anything at this point? thanks.

[justbroke]

If the "next" 60 days was coming up, then it should come soon. However, there may be flags on the case preventing it from "auto" discharging. I would check PACER (Case Summary) and the Flags to see what is going on.

[spydc]

Well looks like it is good news so far. After submitting amended schedules I and J, the UST filed for a withdrawal of the second extension. It was filed a few days ago. So now the second extension was not granted and now I wait. How long before I see the precious "discharge" status on pacer? It has been approximately 232 days since I filed.

[spydc]

I received a response from my lawyer. He mentioned that he is not going to object because he is sure the judge will grant the extension. He further adds that objecting when the judge will grant the motion isn't going to help my case and could raise a red flag. He mentioned he was going to write to see if they can reduce the extension to 30 days.

So now i'm going to have to go through another grueling waiting period.

[keepsmiling]

sorry, wrong thread

[despritfreya]

My lawyer mentioned that if my chapter 7 case is dismissed, the debt will then be forever marked as non-dischargeable so I wouldn't be able to file bankruptcy with the same debt again. Is this true?

I agree with JB. If your attny told you this there is a problem.

If your case is dismissed based upon an abuse under 707(b) you have the absolute right to file a second case immediately. If you file a Chapter 13 even the lifting of the stay under 362 within 30 days does not apply.

If you are denied a discharge under 727 then those debts would not be dischargeable in a later filing.

Please get clarification from your attny. My guess is that you misunderstood what he said.

As to this second extension request, I would be objecting (assuming there was no “just” cause). However, in all likelihood, the Court will grant the Motion but admonish the UST to put up or shut up within the time frame of this second extension.

Des.

[keepsmiling]

Hey Spyd, sorry you are having so much headache with this. Yeah, wtf is right. They didn't look at the documents....omg....
But look at the bright side- you got a new job!!!
It's going to work out out ok. You have friends here and lots of good advice. JB and the other pros here won't let the sitch get too out of control here. There will be some kind of motion to file somewhere along the line I'm sure.
do me a favor and pm me the name of your atty? I want to make sure we don't use him when we finally get around to filing.

[justbroke]

It is a very poor excuse for the UST to want another 60 days to review materials that they have already had for 60 days. Hopefully your attorney uses this moment to object to the extension of time to file a complaint on dischargeability!