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Who does the discharge, the trustee or the court?

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    Who does the discharge, the trustee or the court?

    Our last day for objections was 08/11, but we have not yet been discharged. Who actually does the discharge, the trustee or the court? Should I contact someone? Thanks.

    BK7 Filed: 05/11/06, Discharged: 08/31/06, Closed: 09/14/06
    03/07/07 TrueCredit: EQ 603, TU 591, EX 596
    Credit: $1000 Hooters MC, $200 Target Red, $750 Victoria's Secret (Authorized User), $500 AirTran Visa
    Denied: Wal-Mart, CareCredit, WaMu

    #2
    The federal judge is the one who actually has the power to do the discharge.

    Comment


      #3
      Since it's been almost 20 days, you can call the clerk's office and ask about your case. Just remember to be very polite.

      alh is right, the judge orders the discharge.
      Bankruptcy History:
      Chapter 7 filed - 10/12/2005 - Asset
      Discharged - 02/16/2006
      Case Closed - 11/08/2007

      A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

      All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

      Comment


        #4
        Originally posted by ugh View Post
        Our last day for objections was 08/11, but we have not yet been discharged. Who actually does the discharge, the trustee or the court? Should I contact someone? Thanks.
        I called the clerks office and the person I spoke to was very nice. She said she would take care of it. I hope she has it discharged today!

        BK7 Filed: 05/11/06, Discharged: 08/31/06, Closed: 09/14/06
        03/07/07 TrueCredit: EQ 603, TU 591, EX 596
        Credit: $1000 Hooters MC, $200 Target Red, $750 Victoria's Secret (Authorized User), $500 AirTran Visa
        Denied: Wal-Mart, CareCredit, WaMu

        Comment


          #5
          Our case was discharged today! Yippee!

          We are still awaiting closing.

          BK7 Filed: 05/11/06, Discharged: 08/31/06, Closed: 09/14/06
          03/07/07 TrueCredit: EQ 603, TU 591, EX 596
          Credit: $1000 Hooters MC, $200 Target Red, $750 Victoria's Secret (Authorized User), $500 AirTran Visa
          Denied: Wal-Mart, CareCredit, WaMu

          Comment


            #6
            Congrats!
            Bankruptcy History:
            Chapter 7 filed - 10/12/2005 - Asset
            Discharged - 02/16/2006
            Case Closed - 11/08/2007

            A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

            All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

            Comment


              #7
              Congrats, Ugh! Fantastic news! Now go enjoy that rebuilding....within reason, of course! Best of luck - please keep us posted on when the final discharge arrives.
              I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

              06/01/06 - Filed Ch 13
              06/28/06 - 341 Meeting
              07/18/06 - Confirmation Hearing - not confirmed, 3 objections
              10/05/06 - Hearing to resolve 2 trustee objections
              01/24/07 - Judge dismisses mortgage company objection
              09/27/07 - Confirmed at last!
              06/10/11 - Trustee confirms all payments made
              08/10/11 - DISCHARGED !

              10/02/11 - CASE CLOSED
              Countdown: 60 months paid, 0 months to go

              Comment


                #8
                My case was closed yesterday. Yippee!

                BK7 Filed: 05/11/06, Discharged: 08/31/06, Closed: 09/14/06
                03/07/07 TrueCredit: EQ 603, TU 591, EX 596
                Credit: $1000 Hooters MC, $200 Target Red, $750 Victoria's Secret (Authorized User), $500 AirTran Visa
                Denied: Wal-Mart, CareCredit, WaMu

                Comment


                  #9
                  Congrats UGH! it's a great feeling, isn't it???

                  Comment


                    #10
                    Originally posted by ugh View Post
                    Our case was discharged today! Yippee!

                    We are still awaiting closing.

                    Comment


                      #11
                      WOOOOOOOOHOOOOOOOOOOO Ugh!!
                      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


                        #12
                        yeah to close/dishcarge it - call the clerk.

                        i think the hierarchy is:

                        trustee
                        us trustee (and his office staff)
                        judge

                        All have to sign off on it I believe.

                        r
                        Filed: 05/04/06 (los angeles)
                        341: 06/05/06
                        Discharged: 8/29/06
                        Closed: 9/08/06

                        Comment


                          #13
                          According to the North Dakota Bk Court webpage at http://www.ndb.uscourts.gov/forms/DischargeInfo.htm#3 , here's how a debtor gets a bk discharge:

                          "Unless there is litigation involving objections to the discharge, the debtor will automatically receive a discharge. The Federal Rules of Bankruptcy Procedure provide for the clerk of the bankruptcy court to mail a copy of the order of discharge to all creditors, the United States trustee, the trustee in the case, and the trustee's attorney, if any. The debtor and the debtor's attorney also receive copies of the order of discharge. The order of discharge is not specific as to those debts determined by the court to be non dischargeable, i.e., not covered by the discharge. The order of discharge informs creditors generally that the debts owed to them have been discharged and that they should not attempt any further collection. They are cautioned in the order that continuing collection efforts could subject them to punishment for contempt. Any inadvertent failure on the part of the clerk to send the debtor or any creditor a copy of the discharge order promptly within the time required by the rules does not affect the validity of the order granting the discharge."
                          I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                          06/01/06 - Filed Ch 13
                          06/28/06 - 341 Meeting
                          07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                          10/05/06 - Hearing to resolve 2 trustee objections
                          01/24/07 - Judge dismisses mortgage company objection
                          09/27/07 - Confirmed at last!
                          06/10/11 - Trustee confirms all payments made
                          08/10/11 - DISCHARGED !

                          10/02/11 - CASE CLOSED
                          Countdown: 60 months paid, 0 months to go

                          Comment

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