What happens next???

What is the name of your state? CA

Well, I saw PACER today and it shows that the trustee has submitted a final report on my Chapter 7 BK. I filed on 11/22/2002, the 341 was held on 12/23/2002, and the last day to object was on 02/21/2003.

Does this means that my discharge would be approved. I have been thru hell and back with this filing and would like to know is my ordeal is finally over. Any thoughs on this matter are welcome.

[Ladynred]

If the Trustee has filed the final report, then its likely you'll see your discharge papers soon. If you've heard nothing in the previous 60 days, you should be ok to get the discharge.

The only problem was with my real property, but my attorney call me Sunday to let me know that the trustee has abandoned all my assets. I guess that the only thing I am waiting for is for PACER to show the discharge date. Which is not showing up yet.

[HomeGuru]

If you have a mortgage on your real property, I suggest you contact your lender immediately and reaffirm the debt if you are in arrears.

[Elmo-1]

Buried - Great job!!! So the pawn takes down the king. Sometimes it pays to stand up for your rights. Let us know if & when you get your discharge papers. Its been a battle to the , but it sounds like its almost time to start the celebration.

Hi Elmo!

Yep, the trustee abandoned the property. I am and never was in arrears with my real property. The State of California does not require reaffirmation agreements on real property or secured loans.

Now, I am just waiting for my discharge that should have happened on 02/21/2003. I did notice that most of the people that had the same trustee have not been discharged yet, but others that were seen on the same date as we did got their discharges showing on PACER already.

I think that my trustee just like to split hairs or just take his time. Nonetheless, if he has not filed an objection already, then I am assuming that is just a matter of days before I see the papers inside my mail box and I cannot wait!

[Elmo-1]

Buried,
I wouldn't worry about preferential treatment by the 'evil one'. I think he enjoys dishing out stress and pulls the same stunts on all of his clients. I don't think there's a thing he can do but drag his feet. You've blocked all the other avenues.

You have an exceptional attorney, have you contacted him to see if he senses any more chess moves?

Makes an honest man want to run for office just to get time limits on discharge notices.

Hi Elmo,

I spoke to my attorney on Sunday, he actually called me on Sunday, which is by the way unbelievable. He informed that the trustee abandoned all of my assets, and filed a Final Report w/o assets. This means that my home, and our stock options are safe and not worth pursuing in his estimation.

Regarding my attorney, well he was a real pain in the rear end, but nonetheless, extremely competent and on the ball all of the time. He was rather expensive, but worth every penny I paid him. By the way, that little stunt from the trustee cost me $350.00 for an MAI Appraisal, and 1 1/2 hours of additional legal work at a tune of $300.00 more in legal fees (waiting for bill).

My attorney understood what my priorities were, which was getting a discharge under Chapter 7, and not having to have the case converted into a Chapter 13 to protect assets or to avoid the substantial abuse rule. Him and I worked on our schedule J long and hard until we were able to come up with numbers that would not raise eyebrows. Please consider that we have a $7,000 a mo. income, and the first attorney we saw, wanted us on Chapter 13 at $1100.00 per mo. for 36 mo. Of course doing that would have pretty much left us in the same financial bind we were before we started, as that was how much we were paying in CC bills every month.

It may sound that we make a lot of money, but our expenses are high, specially transportation, and child care. In addition, to mortgage, taxes and insurance (which was high as my wife managed to crash her car twice in a year period, resulting in three lawsuits for which our insurance co. had to pay for bodily injury claims.

However, I am glad this ordeal is almost over, and just want my discharge to show on PACER. Whatever happened to the BK Forum, it appears that is gone for good. Did they go bankrupt also?

[Elmo-1]

Buried,

Yep, afraid the ole BK Forum is belly-up. Not sure why. The day it happened my wife said "sometimes the good lord does for us what we can't do for ourselves". I'd like to think she was getting jealous, but that's just not her.

I can tell you that you and your attorney made one heck of a team. We ended up filing a Ch13 at $990/mo for 5 yrs. But thats ok because after tracking the balances (stopped using the cc's for six months) it would have taken 26 more years (312 months min pmts) to pay everythng off that's now being cleaned up at 100% unsecured in 60 months. I can deal with 60. In my case, it was a no-brainer. I can only imagine when this mess is done - we'll be taking one of those Tahiti vacations.

I think it's only a matter a day or so & you'll be getting your discharge. Then it'll be cleaning up credit reports, adjusting to making it on cash & maybe 1-2 start-up cc's for a while. The beauty of what you did - using C7 - is that if things get out of hand, you'll still have a clean Ch13 that you would have otherwise been knee-deep into. Good job Buried!

I have a PACER acct too. In my case the last day of objections was 12/3/02. I went onto PACER 12/6 on saw that I was discharged on 12/3. Takes a few days for stuff to be logged into PACER. Received paper copy of discharge on 12/6/02 also. It shouldn't take more than a month to receive the paper copy. Once you receive the paper copy, wait another few weeks go onto PACER again and make sure your BK case file is CLOSED (not just Discharged) or terminated. This is particularly important if you have reaffirmed anything. Even though I received (PACER) my discharge on 12/3 and the trustee signed the discharge paperwork on 12/5, my bk file is NOT CLOSED due to one bk clerk who closes cases leaving/quitting - the only way I thought to check again is I pulled all three credit reports 2/5-7/03 and they all had my reaffirmed second mortgage listed as "included in bk". Still fighting to get my file closed.

Well PACER hasn't been updated yet. Needless to say, all the folks that filed the same day I did, had the hearing on the same day, with the same trustee or his partners at the law firm have not been updated yet.

One thing I can say about Mortgages is that my lender, even though, we did not reaffirm is still reporting to the credit bureaus which is very nice, as that helps in the credit building process, but as far as I am concern, credit is not for me anymore. I think that the only time I'll apply for credit is when it becomes time to replace one of our cars. By the way, our mortgage has never been late, ever! I don't know may that is the reason why they are continue to report. I think they are doing us a favor by doing that.

So far we have been managing pretty nicely without the need for cards. You see we did not have any money left for necessities after the payments were made to the creditors, causing us to use CC's to cover necessities and digging us deeper into the hole.