I was asked by the trustee for an additional 45 days, but I received my discharge papers on the correct date. I then received a letter revoking the discharge due to a clerical error. Is this allowed?
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Hi Lexie:
Welcome to the forum. We need a bit more information. YOU were asked for an additional 45 days? Usually you aren't asked. the trustee just does it. Are you an Asset Case? We were, and an additional 60 days were added to our waiting period for creditors to file their objections.
If this is the case with you, then the discharge your received is a clerical error and, yes, it can be revoked."To go bravely forward is to invite a miracle."
"Worry is the darkroom where negatives are formed." -
My Attorney said the additional 45 days was for the trustee only. It is an asset case but the creditor did not file anything within the 60 days.Comment
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Yes, its allowed. If there really was a clerical error (which means the court clerks office entered a discharge when they shouldn't have), it can be revoked.Comment
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It didn't make any sense to me since the creditor did not file within the 60 days. The 45 days is for the trustee ONLY, not the creditor.Comment
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Well, it could be any number of things. As was mentioned, without more info, who can say. But to answer the simply question, can the clerk revoke discharge if it was entered by mistake, yes.
Is it a big deal, no one knows because we don't know anything about your case. Generally, discharge will not be held up because of asset vs no-asset issues. Discharge usually gets held up by the US Trustee wanting to investigate the case further or if the panel trustee thinks there is something things that need to resolved prior to discharge.Comment
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