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How quickly does the 341 happen after filing?

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    How quickly does the 341 happen after filing?

    I was in the process of planning to file for Chapter 7. Then I found out I had cancer and now I'm away from home receiving chemo and radiation. I'll return home for about three weeks in late April-May then come back for surgery. No idea when I'll be back home after that, maybe July.

    If I file as soon as I am back in town will a 341 happen within the next 2-3 weeks? Or is it more likely I'll be doing it remotely from a US Court where I am at.

    Also, since I have a very bad type of cancer and may have to go on leave without pay, I'm going to file an Adversary Proceeding to discharge my student loans. It is my understanding that is filed after the 341?
    Filed Ch 7 pro se Oct 2010 . Filed student loan AP pro se Feb 2011 . Discharged Feb 2011 . AP trial 1/10/2012 . $28K in student loans dismissed Jan 2012 . ECMC appealed. Appeal hearing 7/2012. Original judgment upheld 9/2012.

    #2
    Typically, 341 meetings are held anywhere from 4-6 weeks after the date you file.

    Comment


      #3
      Wow wts, so sorry to hear of your situation. That makes the issue of Bk seem like a minor inconvenience, except that you still need to deal with that when you are able. Really, really unfortunate. Since you are off work, or will be, creditors may not be able to touch you if you are or will begin receiving ss pymts.

      To answer your question, normal time frame is 4 to 6 weeks after filing of Ch 7 until you have the 341 hearing. So it sounds like you will need to wait until things stabilize. What are you trying to protect; income, assets or ??? from judgment and levy...? Also not sure if there is any way to file, then continue the case until your health allows you to. I'm sure that is possible but I guess I haven't seen it first hand. This may require some documentation regarding your health sent from your Atty to the TT in order to obtain a delay in the case, while remaining under the stay. Good question though.

      Wow, some heavy stuff there wts. Best of luck to you in kicking this thing.

      Comment


        #4
        Mine was scheduled 8 weeks later. I might be in a busy district, I don't know.

        Best of luck with your treatments, I can't imagine.
        attorney consult and decided to file, 02/15/2010
        no-asset Chapter 7 filed, 03/11/2010
        341, 05/10/2010
        discharged, 07/13/2010

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          #5
          Filed 3/6
          341 is sched. for 4/15

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            #6
            I filed 1/15 and my 341 was today. I'm in Northern Ohio.

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              #7
              Originally posted by ohiojewel View Post
              I filed 1/15 and my 341 was today. I'm in Northern Ohio.
              Well then we MUST know how that 341 mtg went? Hopefully a breeze.

              Comment


                #8
                According the the Bankruptcy Rules, the 341 Meeting must be scheduled between 20 and 45 days of your filing date. So that's typically 3 to 6 weeks from filing, with many of them being at about 5 weeks after filing.
                Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                Status: (Auto) Discharged and Closed! 5/10
                Visit My BKForum Blog: justbroke's Blog

                Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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