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Why haven't I received my bankruptcy discharge?
Anonymous6 views7 answers
I filed for bankruptcy April 28, 2015. Creditors meeting was June 3, 2015. Deadline to object was August 5, 2015. We've completed all necessary courses and sent all requested paperwork to trustee. We've not received any letters in the mail or phone calls. What could be taking so long?
It could just be an administrative delay at the court's end. You could call the Bankruptcy Clerk's office and ask what is holding up the discharge. You should know that many times in my district it takes over 90 days till the discharge is processed. It can also be that the trustee did not file his or her report. Hope this helps.
Robert W GambrellChapter 13 Bankruptcy AttorneyOxford, MS ·
Since the downturn in the economy, the bankruptcy court clerks' offices around the country have not been able to hire employees to replace those who have retired or quit to move or for other employment. As a result, it takes longer to complete tasks that it once did. However, no discharge for over one month past the objection deadline seems a little long. I agree with David, you should call the clerk's office and ask if you need to do anything else to get the discharge, which is a way of asking without sounding like your are demanding service.
To be honest there is no way we can possibly know. If you have an attorney, call her. If not, try contacting the trustee to see if there is some particular holdup. Make sure your financial management course certificate has been filed.
I have had issues with certain trustees that failed to file their reports of no distribution, thus delaying the entry of my client's discharges for 3-4 months past when they should have been entered. Might be happening to you.
This happens to me from time to time. I generally email or call the court clerk to see if there is a glitch and usually get the discharge within 24 hours. Mistakes happen. Hope this perspective helps!
Donald T BonomoChapter 7 Bankruptcy AttorneyHackensack, NJ ·
If you have an attorney, your attorney can input the case number in the automated PACER, case look up system, and tell you exactly what is going on in the history of your case. Typically an auto discharge will be automatically generated on or about the deadline to object. Since it has been over one month since that date, my opinion is that there may be some reason for the delay in the history. If you do not have an attorney you should call the clerk as suggested by the other attorneys and ask them to check the case history. Hope that helps.
