Creditor Objection Deadline

[Granny]

My most major creditor filed an objection to my plan, indicating among other things that the case was filed in "bad faith", which of course it was not because I was facing foreclosure.

I received notice that the confirmation hearing is scheduled for 02/15/07. Any objections were to be filed "at least 5 business days before the hearing date". Would someone tell me exactly what date that would have to be, would it be the 8th or the 9th?

If it was supposed to be the 8th and the objections was filed on the 9th, what are the consequences of a late filed objection?

I'm still between lawyers. The fired lawyer was noticed, and the new lawyer hasn't told anyone, especially the court, that I have retained him, although he tells me we will get a continuance for the confirmation hearing. Would a continuance have any effect on a late filed objection?

Thanks

[HHM]

I am not sure this new lawyer is being of much service, if he hasn't even filed a notice of appearance yet (which is simple form document of 1 or 2 pages)....

As for your question, here is the Bankruptcy Rule of Procedures that answers your question

(a) Computation

In computing any period of time prescribed or allowed by these rules or by the Federal Rules of Civil Procedure made applicable by these rules, by the local rules, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, or, when the act to be done is the filing of a paper in court, a day on which weather or other conditions have made the clerk's office inaccessible, in which event the period runs until the end of the next day which is not one of the aforementioned days. When the period of time prescribed or allowed is less than 8 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in this rule and in Rule 5001(c), "legal holiday" includes New Year's Day, Birthday of Martin Luther King, Jr., Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day appointed as a holiday by the President or the Congress of the United States, or by the state in which the court is held.

By my reading, "the last day shall be included" indicates to me that the deadline to file in your case would have been Feb. 9

[Granny]

Thanks

Thanks for the clarification HHM, It's hard to be objective when the issue is so close to one's own heart.