discharge status ....... I am behind in my mortgage and do not want a foreclosure so I am making additional payment to try to pay off the past due balance. I don't remember receiving anything about a discharge so I'd like to know how to find out.
When (or if) you receive the Order of Discharge, a copy of the order will be mailed to you, to the mailing address that you stated in your bankruptcy petition.
If there's something wrong with your case (example: failure to file the certificate of completing a course in financial management), then the court clerk will mail a notice to you, to the mailing address that you stated in your bankruptcy petition.
If you want to know what's the current status of your case, you should be able to just ask your attorney. Another option is to go to the bankruptcy court, go to the Clerk's office, and ask about checking the Court's docket. You'll need your case number.
If you filed bankruptcy before, call the court (be prepared with a social security number or case number) where you filed or look on PACER. PACER costs 8 cents a page with an account.
The discharge is entered in a chapter 7 about five months after you file.
If your lender did not obtain relief from stay, it will have to wait for discharge before taking action. You must be over two months behind before the lender can begin foreclosure. Moreover, they are unlikely to be really quick after the discharge, so you may have enough time to catch up if you keep at it. If the foreclosure happens, however, Allegheny County has a mediation program which you are eligible to participate in once the complaint is served. There will be a notice on brightly colored paper attached to the front of the complaint telling you the phone number to call. This will stay the foreclosure until a mediation can occur. You will get financial planning assistance from a professional hired by the County who will put together a report on your ability to pay under a modification. While you won't be able to make payments after the foreclosure begins, you can open a savings account to prepare for the day when the mediation will come.
For more information, check out my blog, Pittsburgh Legal Back Talk. Look under "Mortgage Foreclosure".