Final decree revoked

[Michael Tinsley]

Any ideas as to reasons why a discharge and a final decree would be issued
on Monday and then the final decree revoked on Thursday of the same week?
( by the same judge )

 

[Brett Weiss]

It could be for a number of reasons, from very worrisome to a simple mistake
entering the order before the bar date.

--
Brett

*****************************************************************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* (e-mail address removed) *
* www.brettweiss.com *
* *
* Small Business Estates & Estate Planning *
*****************************************************************

The Small Print: This response is for discussion purposes only. It isn't
meant to be legal advice and you shouldn't treat it as such. If you want
legal advice, speak with a local lawyer familiar with your state's laws who
can review *all* of the facts and the law applicable to your situation.
*****************************************************************

 

[Michael Tinsley]

My lawyer called the trustee to find out about the revoked decree and he
said " Discharge and final decree will not occur until the house is sold."
FYI my sole "asset" was a 100 year old victorian house that I sold and had
"owner financed" so that the Promissary Note for $24,000 is considered an
"asset" although the buyers filed Chapter 7 two years ago, husband is
unemployed and wife is unemployed due to physical disability and diseases
and soon to start drawing SS disability payments. They have been in arrears
on the house payments for over 6 months and do not have basic Wind / storm
damage insurance, although it is required in the Note. My total unsecured
debt was about $ 48,000. I guess this Chap. 7 could drag on for years.

 

[Brett Weiss]

There is no need to defer discharge. I'd file a Motion to Enter Discharge,
so there's no detriment to you while the Trustee deals with this "asset".

--
Brett

*****************************************************************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* (e-mail address removed) *
* www.brettweiss.com *
* *
* Small Business Estates & Estate Planning *
*****************************************************************

The Small Print: This response is for discussion purposes only. It isn't
meant to be legal advice and you shouldn't treat it as such. If you want
legal advice, speak with a local lawyer familiar with your state's laws who
can review *all* of the facts and the law applicable to your situation.
*****************************************************************

 

[Michael Tinsley]

Sorry, upon rereading the paperwork it is clear that only the final decree
was revoked, not the discharge. Discharge is still granted. Hope the trustee
has better luck than I did: a buyer for my promissary note prior to my
bankruptcy backed out due to the "bad credit rating and previous bankruptcy"
of the couple that I sold the house to.