Home     Law Advice     Insurance Advice     Community    
Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Consumer Bankruptcy

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 01-07-2006, 03:59 AM
Junior Member
 
Join Date: Jan 2006
Posts: 7

Discharged vs. Awaiting for Trustee's Report


What is the name of your state? CA

I was discharged and received papers on 1/03/06. However, on Pacer, it still shows status as Discharged but the new status is Awaiting Trustee's Report. What is up with that?

Please advise.
  #2  
Old 01-07-2006, 11:01 AM
Member
 
Join Date: Jun 2005
Location: Tallahassee, Florida
Posts: 95
Send a message via Yahoo to rosier2000
If you have nothing about the trustee wanting to distrubute your property by now, you have nothing to worry about! Good luck to you!
  #3  
Old 01-07-2006, 12:40 PM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
It means the Trustee must file his/her final report that actually CLOSES your case. Until that is filed by the Trustee, your case is still open.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #4  
Old 01-07-2006, 01:00 PM
Member
 
Join Date: Aug 2005
Location: Chicago
Posts: 124
Question

IL

So why do they give you the actual discharge papers prior to them filing there final report if the case is still open?
  #5  
Old 01-07-2006, 02:28 PM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Because you ARE discharged. The actual closing of the BK case is just a formality 99.9% of the time.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #6  
Old 01-07-2006, 09:49 PM
Junior Member
 
Join Date: Jan 2006
Posts: 7

Discharged with status of Awaiting Trustee's Report


California

The status on my case is DISCHARGED but when I view on the PACER, it say AWAITING TRUSTEE'S REPORT and ORDER DISCHARGING DEBTOR. What does all that mean? Please help me understand as I am very concern.
  #7  
Old 01-07-2006, 09:49 PM
Junior Member
 
Join Date: Jan 2006
Posts: 7
Quote:
Originally Posted by Ladynred
Because you ARE discharged. The actual closing of the BK case is just a formality 99.9% of the time.

What does it?
  #8  
Old 01-07-2006, 10:47 PM
Senior Member
 
Join Date: May 2001
Posts: 6,452
AWAITING TRUSTEE'S REPORT and ORDER DISCHARGING DEBTOR. What does all that mean? Please help me understand as I am very concern.


It's just housekeeping. The trustee hasn't gotten around to filing his/her final report. Quitworryingtoomuch and get some sleep!
  #9  
Old 01-07-2006, 10:47 PM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
You received your discharge papers, right ??
PACER says the status is discharged, right ??

The final report by the Trustee is really nothing more than paperwork to close your case. Stop fretting over mere paperwork. If you JUST got your discharge papers in the mail it may take a week or two for the Trustee to file his final report and for that to show up in PACER.

You are DONE with your bankruptcy - refi your home.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #10  
Old 01-08-2006, 01:08 AM
Junior Member
 
Join Date: Jan 2006
Posts: 7
Quote:
Originally Posted by Ladynred
You received your discharge papers, right ??
PACER says the status is discharged, right ??

The final report by the Trustee is really nothing more than paperwork to close your case. Stop fretting over mere paperwork. If you JUST got your discharge papers in the mail it may take a week or two for the Trustee to file his final report and for that to show up in PACER.

You are DONE with your bankruptcy - refi your home.

I have not yet officially received my discharge papers. Just downloaded from Pacer.

In the status, it say 'AWAITING TRUSTEE'S REPORT and ORDER DISCHARGING DEBTOR'. So, how come there are number of status mentioned.

Also, what happen if the trustee do not file her final report. I heard it will leave my case open. If so, what happen. Can the creditors/trustee object or reopen/reexamine my case?

Please advise. Thank you for your help.
  #11  
Old 01-08-2006, 10:15 AM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
The discharge just went thru on 1/3/06 - give it time for them to mail the papers to you, it usually takes about a week.

Quote:
, what happen if the trustee do not file her final report. I heard it will leave my case open. If so, what happen. Can the creditors/trustee object or reopen/reexamine my case?
Relax, please ! The Trustee WILL file her report. Do you know how many cases were filed in just the 2 weeks before the law changed ?? 500,000 !!! The Trustees are overloaded, it may take some time for them to process all the paperwork. You are officially discharged. The order has been entered and signed by the BK judge - its OVER. Creditors can do NOTHING ! Your case WILL be closed.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 07:54 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.