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Discharge ?

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markf2145

Junior Member
What is the name of your state? Illinois

04/21 - I filed ch 7

06/15 - 341 mtg was held, ex-wife claimed I had a lot of property/assets (she claimed in excess of $10,000) that weren’t listed, trustee continued mtg

07/05 - 341 mtg again, trustee asked about some property, told me he was going to send someone to my house and my brothers house since I did sell/give him some no longer needed items back in 2003, and he would continue case for 4 months.

07/10 - trustee sent notice to creditors that there "may be" assets to distribute.

08/12 - trustee filed motion, which was granted extended time to object to discharge until 11/15.

08/15 - provided trustee with make and model #'s along with print outs of what exact same items had sold for on e-bay, pictures were even included in packet. I included nearly every non clothing item I could find, did the same for items that were given to my brother in 2003 (items given/sold to brother only totaled $900)

08/26 - after receiving and reviewing the complete packet provided the trustee submitted a "no asset report".

11/15 - date to object came and passed, neither I nor my attny ever heard from anyone about coming to my/my brothers house. Pacer doesn’t show any additional documents submitted and case still shows "awaiting discharge"

So, it appears that the trustee was convinced that my schedules were accurate and that there was not hidden assets as falsely claimed. How long should it be for my discharge, I understand that it is typically 61 days after the 341 meeting but since mine actually occurred months ago what should I expect ?

Lastly, family court included one of the bills that I was to pay to be deducted thru payroll garnishment along with my child support, that $$$ is still being taken out of my checks. I mentioned it to my attny but he doesn’t really want to do anything about it, think he was scared when the trustee started to investigate the claim of hidden assets. What can I do about the violation of the automatic stay that appears to be blatantly violated, do I just contact the trustee office and report it ? Work wont stop it because it is part of the family court child support order and family court doesn’t want to hear the case because it is not about the child support, meanwhile I am still paying even though the Federal Bankruptcy Court says I shouldn’t be.

Thanks for your assistance/feedback
 


C

Crock2

Guest
I don't think you lawyer is scared, unless he knows of hidden assets, I don't think she/he has anything to be scared of. It seems more like the lawyer made their money and doesn't want to spend any more time on your case. I would call the lawyer again first. If they can not find the answer to your question then I would call the trustees office. They will be able to tell you the status of your case. I would think that your discharge would be coming shortly, but I do not know. The trustees office does and should be able to answer you better than any of us could. I would also question them about the bill that is being deducted from your check. If it is for debt that is dischargeable you should not have to pay it and they are in violation of the bankruptcy court. Again the trustee's office can give you further insight into this matter also.
 

markf2145

Junior Member
That may very well be the cause of the lack of effort on behalf of my attny. Yes, the debt was discharable but obviously since I filed in April I am still having to pay every out of every paycheck. Its very frustrating that she (ex-wife) can completely ignore the automatic stay, still take the money at the same time make false claims that have held up the whole process..... Guess a call to the Trustees office is in order, thanks
 

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