Need Help !! Adversary Proceeding Pre-Trial Next Week !

[jblu83]

Adversary Proceeding (Pre-Trial Hearing) Next Week ! Let me give you some background information.

1. Filed Bankruptcy July,20 2010.

2. Meeting Of The Creditors August 18th,2010.

3. Jurisdiction: State of Florida

4. Adversary Complaint Filed October 18th,2010. ?

Thats right ! Do the math. 61 Days from the creditors meeting. I just discovered this evening. I do however need to know, how to discover the exact date that the Adversary complaint was filed. The date that is on the complaint is dated October 18th,2010. I know you can check on Pacer but I can not log-in ! I am writing this pretty late in the evening 10:13pm EST. The reason I believe that the Adversary Complaint was filed October 18th,2010 is because this is the date on the official complaint. My question is : Is this the magic date ?

[HHM]

You will need to double check PACER.

Your instinct is correct, the objecting party has 60 days from the date of the first scheduled 341 meeting to object to discharge. Note you don't count the date of the 341 meeting in that calculation. You will want to make sure there was no request to extend time. However, some jurisdictions are very lenient on this issue. Also, the objecting party has up until 11:59pm to file on the last day.

[AngelinaCat]

That SHOULD be the magic date, but without further information it will be hard to tell. For instance, was your case declared an Asset case, and the date for Creditors to Object, extended? That happened to us. Also, did you file Ch7 or Ch13? Do you have an attorney? Answers to all of these questions will help the members in forming their answers/suggestions.

As far as PACER, check the various Stickies on the boards about how to log in and use that service.

[jblu83]

I did NOT count the 341 meeting date which was the 18th of August .... And still it is 61 days...... My wife and I filed ch. 7.... How do you know if it is an asset or no asset case ? We have an attorney...

[jblu83]

I was able to get a log in and password with pacer, but it says I have to wait up to an hour before it will allow me to log in ....... I will check soon here..

[jblu83]

Rule 4007 Sub (D)... Seems pretty cut and dry to me... The creditor MISSED the deadline.. My attorney never saw this and we needed to answer anyways... Should this be brought up at the pre -trial conference ?? I hear these are usually only a couple minutes in length, but can the judge dismiss it on this ground ?

[AngelinaCat]

You should have a copy of the paperwork that notified you of where and when your 341 was held. That paperwork has all of the legelese paragraph numbers and reference numbers to all the deadlines and such. Granted, it is in tiny mice type that you need magnifiers to read it with.

Please tell me that you have copies of all of the paperwork involving your case. If you don't, you need to make copies of everything that is in your case file on PACER. It costs eight cents per page, and mounts of very quickly. Otherwise, you need to camp on your attorney's doorsteip first thing in the morning.

Be aware, that should this AP claim be legitimate, and they squeaked in under the wire, time-wise, the attorney will consider that to be a seperate action, and will have you sign a seperate agreement to defend against it.

Good luck.

[HHM]

First, stop stressing. You have an attorney (hopefully you didn't use some cheap, bargain basement attorney), they will be able to guide you. There is NOTHING you can do about it tonight, so stop worrying. It will take several weeks/months to sort it out. Even if the complaint was filed late, you will need to file a motion to strike the complaint, a hearing will be set many weeks down the road etc. I know it is tough, but you need to relax. Realistically, this thing won't be addressed until next week at the soonest. Nothing bad is going to happen in the interim. The creditor filed an objection, you have 2 weeks to file a response or file a Motion to Strike.

[jblu83]

How do you know if it was an asset or no asset case ??? My attorney filed an answer to this complaint already and there is a pre-trial hearing this coming up week... My attorney did not realize it was 61 days... But I will bring this up to him in the morning and see what he suggests ... My attorney did charge me to file the answer. ...

[free2breathe]

You can find your case on Pacer to find the asset or no-asset designation. However, it's fairly easy to figure out. Did the trustee take anything from you...bank account balance, future tax refund to distribute to creditors? If so, it's an asset case. If you exempted everything that could be exempted, and the trustee didn't ask for anything from you, it's no-asset

[jblu83]

THANK YOU ALL.... The trustee did NOT take anything from my wife and I... So I presume that we are a NO-Asset case !

[free2breathe]

THANK YOU ALL.... The trustee did NOT take anything from my wife and I... So I presume that we are a NO-Asset case !

You are probably right, and you should be able to see that for certain as soon as your log-in is active on Pacer. Good luck with the rest, and like HHM said, "stop stressing"....you can't add a moment to your life with worry. Trust that everything will work out for the best.

[AngelinaCat]

How do you know if it was an asset or no asset case ??? My attorney filed an answer to this complaint already and there is a pre-trial hearing this coming up week... My attorney did not realize it was 61 days... But I will bring this up to him in the morning and see what he suggests ... My attorney did charge me to file the answer. ...

Your attorney should have been able to tell you that fairly early in your case preparation. As inept as our attorney was, at least she let us know that we had more possessions than the exemptions would cover. We are in Florida, too. So we were not surprised when we were ruled an Asset case. What DID surprise us, was that the time for our creditors to object to discharge was extended another thirty days.

[AngelinaCat]

THANK YOU ALL.... The trustee did NOT take anything from my wife and I... So I presume that we are a NO-Asset case !

I really do hope and pray that all works out well for you and your wife. I hope that I have not added too much to your stress. You sound like both my 'Hub and I were--being very naive about all this. Our attorney did very little to educate us, and an AP filed against us is what caused us to find this forum and become educated.

Please try to get some rest tonight. Please let us know what happens after you talk to your attorney.

My best....

[despritfreya]

Apparently no one picked up on this. While the creditor has 60 days from the 341 (and all are correct, you do not count the day of the 341), the Complaint was timely. 60 days from August 18th was October 17th but. . . October 17, 2010 was a Sunday. By law, if the last day falls on a weekend or legal holiday, the actual due date is the next business day, which, in this case was the 18th. Complaint is timely. Now OP needs to decide how to defend it.

Des.