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Deadline and discharge clarification

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    Deadline and discharge clarification

    From what I been reading a C7 is normally discharged some 60 days or so after the 341 meeting. I filed C7 no asset in mid March, I had my 341 mid April. The "Deadline for objecting to discharge" is set for June 21st so I assumed I should be receiving a discharged some time after that date but I also noticed a separate date,"Deadline for filing claims (govt.)" of Sept 13th.

    Does that mean that I won't be getting a discharge until Sept??

    #2
    Welcome to BKForum Waldemar !!!

    As you're learning, there are different deadlines attached to events within yoru bankruptcy. What many debtors don't learn is that the discharge is totally separate from the claims and closing of the case. Your discharge will come sometime after that 60 day mark (June 21st) regardless of the status of claims or whether your case is a no-asset case.

    The term claims is used when there is an asset case and initially the bankruptcy notice lists 3 important dates; the last day to file a complaint (objection to discharge), the last day to file a claim, and the last day for a governmental entity to file a claim. If you are a no-asset case, the last two are meaningless. If you are an asset case, the Trustee will proceed to collect (liquidate) the assets and pay them to the creditors. The last day to file a claim is when non-government creditors would be allowed to file a claim for payment. Likewise, the governmental date is the deadline for government creditors.

    Regardless of whether or not your case is an asset case, the discharge is a separate date and timeline. The discharge will come as soon as administratively possible after the 60th day after your first scheduled 341 Meeting.

    So your discharge will come June 22nd or something shortly thereafter. The only thing that usually holds up a discharge is that you haven't taken the 2nd course and filed your certificate (that the course was taken), or you were paying the filing fee in installments and haven't finished paying. (There could be other issues related to paperwork, but the Clerk would have sent a deficiency notice for those things.)

    I hope that helps.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Awesome! Thanks for clarifying! I already took the 2nd course and my attorney keeps me in the loop (but I also monitor it through PACER and keep up with any updates).

      Comment

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