A Maryland Attorney
So I filed for Bankruptcy about 5 months ago and I still haven't got my letter of discharge. What does that mean? Should I be concerned? I thought it was a pretty straight forward bankruptcy so why is it taking so long?
There are many reasons that you may have not received your discharge. You should check with your attorney and see if the Trustee has been in contact with him. If you represented yourself in the process then you can check your case status on the bankruptcy website or call the court. Did you attend the 341 meeting? Are you sure your case was filed?
To set the stage, my SAHD brother and his wife were recreational drug users for a decade. As of March 2012 my brother (recently diagnosed with Parkinson’s disease) went sideways with the drug abuse once it was mixed with his prescription meds. The wife continued to use with him until he reached the point of having psychotic and manic episodes. This is when she put a protective order against him. No violent acts, just heated arguments. Once this occurred he texted her and subsequently went to jail for 9 days. Once she filed the PO he was homeless with no money. He just went to court last week and had 15 counts of violations of the PO (he wrote letters while in rehab) and was charged with two counts and thirty days in PRC. She served him with divorce papers in court and the papers have him paying for her attorney fees, no visitation to the minor children, and no money to him at all. He quit his job 7 years ago to stay home and raise the kids and this allowed her to earn an income of over $250k a year. Luckily, he has regained employment but still faces two more charges of violating the PO. His public defender in the first round did not tell a compelling story hence why he ended up with the sentence he did. The wife is out to destroy him and is succeeding. He needs an attorney that can help him fight the PO charges and get him what he deserves in the divorce. She has also paid to have the divorce sealed so there’s no visibility to it. Obviously, there is so much more to this story but this is enough to give you the high level details. He can pay for an attorney with a payment plan but realize he has just started working again. His account is at zero until he gets a paycheck. He has a senior job in the organization he works for.
Your brother has a complicated case. He will need to take preliminary steps outside the courtroom to prepare for his best defense. Addressing the DV violation actions effectively is critical and is likely to have a direct impact on is relationship to his children and any claim to alimony. The more time that goes by, and the more actions he takes without the benefit of counsel, the more risk he assumes and the more complicated his case will become. He should retain an attorney immediately. Feel free to contact our office. I wish your brother good luck in whatever decisions he may make.