QUESTION
What can I do if I have not received my discharge papers yet, my court date was September 1st and I need a car ASAP?
Asked on Oct 13th, 2012 on Bankruptcy - New Jersey
9 ANSWERS
Are you trying to buy a car? Go ahead if someone is willing to sell it to you. I confess I am a little foggy as to what you are asking.
Answered on Oct 16th, 2012 at 8:03 PM
Glen Edward Ashman
As I am sure your lawyer told you (you didn't make the huge mistake of filing without a lawyer, did you?), discharges CANNOT be granted that early in a case.
Answered on Oct 16th, 2012 at 7:40 PM
You are going to have to continue to wait for your discharge. Your form B9 which told you about your court date should indicate that your creditors may file an objection to your bankruptcy until November 1 and your discharge cannot be granted until after that date. However, your discharge doesn't mean that you can't purchase a vehicle, only that no public lender will finance a vehicle for you.
Answered on Oct 16th, 2012 at 6:56 PM
Bankruptcy Attorney serving Myrtle Beach, SC
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Law Office of Margaret L. Evans, PC
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Question: What can I do if I have not received my discharge papers yet, my court date was September 1st and I need a car ASAP? Question Detail: I really cannot wait for the papers. *- You MUST wait to file a MOTION TO INCUR DEBT with the bankruptcy court and obtain the court's permission to do so BEFORE buying a vehicle. You could otherwise be denied the order of discharge. *
Answered on Oct 16th, 2012 at 6:51 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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There is nothing that you can do. The discharge is entered automatically and usually takes between 90 to 120 days from the date of filing. That assumes you have filed your financial management certificate and comply with the trustee's requests.
Answered on Oct 15th, 2012 at 4:38 PM
Contact your attorney or the court if you do not have an attorney. Discharges are usually processed rapidly.
Answered on Oct 15th, 2012 at 4:25 PM
Daniel James Wilson
Sorry, you have to wait a while before you get your discharge. Creditors have two months after your Meeting of Creditors (which is not court) to object to discharge. Make sure you complete your Financial Management Course. You should get your discharge in November, but sometimes the court is behind and it takes a little longer.
Answered on Oct 15th, 2012 at 4:12 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
2 Awards
If you are talking about a court date for a 341 then your discharge is still 60 days away. Contact you counsel.
Answered on Oct 15th, 2012 at 4:09 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Then start looking for a car. The case is not ripe to have a discharge entered until 60 days after the meeting of creditors, and you cannot rush it.
Answered on Oct 15th, 2012 at 4:09 PM