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How long after meeting of creditors will I receive discharge papers?

Milwaukee, WI |

I had my meeting of creditors on 08/17/2010, it is now 10/24/2010, when should I get my discharge papers.

Attorney Answers 3

Posted

It usually takes at least 2 months which will let the deadline for the right of creditors to object to elapse. (The deadline is stated on your B9 form scheduling your meeting of creditors.)

If you didn't file the paperwork to complete your FMC (financial management class), that will hold up your discharge.

Also, the Clerk's office often gets behind on their paperwork, so your dischage can be delayed. If you need the discharge right away, you can call the Clerk up and ask them to expedite your dischage. I find I receive my discharges within 48 hours of making a phone call, as long as everything else is on track.

Good luck!

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Posted

Actually, these things happen relatively automatically. Look at the notice that you received at the commencement of the case giving the date and time for your creditor's meeting. Toward the bottom you will see a deadline for objecting to the discharge. Under Rule 4004 of the Federal Rules of Bankruptcy Procedure, unless there is an objection or other problem set out under that rule, then the discharge is to be ordered "forthwith" after that date. It nearly always happens within a few weeks.

This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

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Posted

Creditors have 60 days from the date of the Meeting of Creditors to object to Discharge. Assuming that does not happen, and assuming you filed your Debtor Education certificate, the Court should automatically issue your discharge within about 70-80 days after the Meeting of Creditors. If you have concerns call the Clerks office or your attorney's office if you have one.

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