Discharge paperwork?

[GlenC]

At our hearing we were told our discharge would be on Dec 19th 2005. We have not recieved any info or confermation. At what point should we contact our attorney about this?

Thanks

Glen

[StaciMM]

The discharge doesn't have an assigned date. Dates in BK go like this:

You file
341 is 30 days later (maybe more depending on calendar load at the court)
Deadline for creditors to file an objection s 60 days after 341
Discharge comes after deadline for objections
Close comes after discharge.

The discharge could the day following the deadline, or it could happen a month later. Depends on how busy the court is. If you don't hear anything within another week or so-perhaps call then.

[sunshine08]

Patience my friend, patience.
This too shall pass.
Everything with the government takes time and with the holidays and increased filings, they are way behind.
Remember - no news is good news.
Trust me, many of us have been right where you are. Anxious is a common feeling.
Happy New Year!

[GlenC]

The discharge doesn't have an assigned date. Dates in BK go like this:

You file
341 is 30 days later (maybe more depending on calendar load at the court)
Deadline for creditors to file an objection s 60 days after 341
Discharge comes after deadline for objections
Close comes after discharge.

The discharge could the day following the deadline, or it could happen a month later. Depends on how busy the court is. If you don't hear anything within another week or so-perhaps call then.

Thanks for the responses. I was able to log on to pacer. It shows Discharged on 12-22-05. Awaiting closure. Also has a spot under flags that says something. Can't remember what it said though. Is that something to be concerned about?

How long does it usually take to close after discharge?

Glen

[Minnymouth]

Check and see what's flagged??? and let us know.....
Just might be something simple... or already taken care of...

Closing can come anytime after discharge...

[ODDBALL]

Okay, now I'm worried. I've been discharged since October 24, 2005, and my case was closed on November 3, 2005. My question is why have I not received my discharge papers in the mail yet??? I've seen the papers (and downloaded them) from Pacer, but nothing has shown up in my mail box. When should I get worried???

[Minnymouth]

Call the clerks office and see when they were mailed..... if they give you a date in October, let them know you have not received them as of yet......
Check you petition and make sure it has the right address, right zip for you.....

If you used an attorney, check and see if he received both his copy and yours also....

I received my copy and my attorneys copy together in the mail.....

Minny

[ODDBALL]

Thanks Minny for your quick reply. I will be calling clerks office, as well as my attorney's office. Thanks again!!!

[AAAArt]

The discharge doesn't have an assigned date. Dates in BK go like this:

You file
341 is 30 days later (maybe more depending on calendar load at the court)
Deadline for creditors to file an objection s 60 days after 341
Discharge comes after deadline for objections
Close comes after discharge.

The discharge could the day following the deadline, or it could happen a month later. Depends on how busy the court is. If you don't hear anything within another week or so-perhaps call then.

Staci, Help Please! Because of some assets they found (an ongoing income stream) they extended the time for criditors to file for a part of this. I assume that this is different than filing an objection. My discharge date would have been 2/6/06, but they have given my creditors until 3/22 to file a claim and govt. agencies til 4/11.
What is you opinion of what this will do to my discharge? Earlier you stated that the 2/6 date would prob still be good (and I see the logic in that), but it seems to me that they cannot close the case until after 4/11 or maybe even until after the payments to the creditors run out at the end of 2006?
Do you (or does anyone) have any thoughts as to when my case will be discharged and when it will be closed? Thanks, Art

[GlenC]

Check and see what's flagged??? and let us know.....
Just might be something simple... or already taken care of...

Closing can come anytime after discharge...

Minnymouth,

I went back to Pacer and this is what it says under Flags: PreAct

Thanks for the help

glen

[StaciMM]

Art, I still think you're ok. Your case won't close until the assets are available and the trustee distributes them to the creditors (who file claims). The full balances will be discharged as scheduled originally-but since the creditors were only recently notified to claim their piece of the pie, they have extra time to put their hands in the plate.

The govt. agencies date probably hasn't changed-mine is in March. I think that is 6 months after your initial file date, so it is always after the projected file date. (It may be 3 months after your other deadline, in my case these were the same thing but I know alot of people had to wait more than 30 days for their 341.)

Look at Minny's case. Hers turned into an asset case, and she was discharged a long time ago. They only did the auction a few weeks ago, so her case can't close until after the money is spent.

Staci, Help Please! Because of some assets they found (an ongoing income stream) they extended the time for criditors to file for a part of this. I assume that this is different than filing an objection. My discharge date would have been 2/6/06, but they have given my creditors until 3/22 to file a claim and govt. agencies til 4/11.
What is you opinion of what this will do to my discharge? Earlier you stated that the 2/6 date would prob still be good (and I see the logic in that), but it seems to me that they cannot close the case until after 4/11 or maybe even until after the payments to the creditors run out at the end of 2006?
Do you (or does anyone) have any thoughts as to when my case will be discharged and when it will be closed? Thanks, Art

[Kam]

All Pre-act means is that you filed before the new laws went into effect. Nothing to worry about at all.

[GlenC]

All Pre-act means is that you filed before the new laws went into effect. Nothing to worry about at all.

Thanks a ton. That makes me feel lots better