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discharge fairness

Where do I start? Well….I went bankruptcy Feb/01 and had to attend crt. Nov./02(almost 2 years after filing) because one creditor opposed my discharge(This is my 1st bankruptcy). I asked my trustee what would happen at this meeting and I was told that “the most that can happen is I would be made to pay $250 for another year(That’s what I was paying for my first 9 mos. when I filed). I asked this over and over and got the same answer. I did not hire a lawyer to go to crt. with me as I thought, well, if that is the worst that can happen then I guess it is my own fault. Went to crt. and received a conditional discharge as well as a suspended discharge for one year. This included paying back $12,000 and to quit gambling for 6mos. I have quit for 3 years and payed back all money as required on March 20/06. I am still waiting for my discharge and my trustee keeps saying it takes a while. What is so disturbing is that the longer it takes the longer my life is on hold. I sure wish my trustee would have advised me to hire lawyer as their “the most that can happen is for me to pay for another year” sure was not true. I will have to wait one year when I get my discharge because of the suspension for a year. That means I have lost my credit for at least 14 years. Why do some people get their discharge after their 9 mos. after filing just because nobody contested and people like me who pay our “dues” have to wait forever for a discharge? Sure the courts may be slow, but I fulfilled my obligations back the end of March and will not be credited for any of that time,or any time earlier on, waiting on the courts. Why is none of this waiting time accounted for? Personally I think I have been hit a little too hard. Where is the justice? I’m doing more time than dangerous offenders. Is there anything I can do to contest my discharge date whenever I do get one?

One Response to “discharge fairness”

A licensed trustee said...

Without the full details of your situation we cannot give you a specific answer. At any time you can hire a bankruptcy lawyer to advise you.

In general, if gambling was a contributing factor to your bankruptcy, it is not unusual for the court to add an extra 12 months to your bankruptcy, which appears to have been what happened in your case.

I suggest you contact your trustee and ask about the status of your discharge. You can also contact the court directly to determine the status of your discharge.