Date Question

[turbotater]

I had my 341 on 8/29. The 341 Trustee "concluded" the meeting and filed it on PACER 8/30. PACER says today, 10/5 is day 36. I count it as day 37. Do you count from the day the 341 "concludes" then? My initial paper from the court states the last day for objections is 10/28...but now it is 10/29 according to PACER? If anyone can clarify this for me, I would appreciate it.

Also, if weekend days count, for instance a deadline lands on a Sat/Sun, they have until the following Monday to file something, or does it need to be filed the Friday before?

[justbroke]

The last day to file a complaint regarding discharge is set at 60 days from the first scheduled 341 Meeting. The discharge comes some time after that based on how quickly the court (typically the Clerk's office) can issue the discharge. In some cases that discharge can be automatic (in Districts that use the auto-discharge feature in PACER), or could take days to weeks.

As for how dates are calculated it's pretty simple and about what you write. If it reads 60 days, then it's 60 days including all intervening holidays and weekends UNLESS the end date falls on a weekend or holiday. Then the date is moved to the next date the court is open. If there is a bonafide emergency event on that date, such as a hurricane, then the date moves until the next date the court is open for business.

In your example, 10/29 falls on a Saturday so the last date would be October 31 inclusive.

In the end it doesn't really matter. I would personally go by the Notice of Bankruptcy which lists the last date to file a dischargeability complaint. If that reads October 28th, then that should be the date (through close of business) that the UST and/or creditors have to file a complaint.

I never trust the date/timeline in PACER. Mine, from my closed case, still reads Awaiting Confirmation (my case was discharged as a Chapter 7 case in 2010).

[turbotater]

Thanks. Pacer still says last day for objections is 10/28, which if TODAY shows Day 37 (as it does show today as being), would be day 59, so I was a bit confused.

Guess will just have to wait it all out.

I am hoping with the UST withdrawal of POA, I won't get hit with the day 60 Totality of Circumstances.

Still waiting to see if/when the Panel Trustee will put in his "distribution of no asset" or make it an asset case as I have a possible tax refund.

Since I got thru the hurdle of the UST, aside from a creditor coming out of the woodwork in the remaining days, can the panel trustee do anything to try and stop the discharge now? I know making me an asset case will delay closure, but was wondering if I have anything to worry about with discharge from the panel trustee.

[justbroke]

In my experience, the actions of the (panel) Trustee typically don't affect the discharge. The Trustee is more about administering the bankruptcy estate and finding and liquidating those assets for distribution. The only time I've seen the Trustee seek a case dismissal is when the debtor did not cooperate with the Trustee such as a failure to attend the 341 Meeting, or not turn over certain required documentation.

You usually know if the UST has an issue with your case by the time of the 341 Meeting (and typically at the 341 Meeting is where they show up). It is very rare, at least that I've seen, for a debtor to be "ambushed" by the UST on day 60. If the UST isn't already asking for more documentation or scheduling a 2004 examination, then the likelihood of an ambush is very low in my experience.

I was specifically concerned about this for during my Chapter 7 conversion because I was a "non-consumer" case and was sure the UST was going to complain about something. Not a peep.

What I should really be telling you is to relax. It is what it is at this point. Stop worrying. Bankruptcy is a marathon not a sprint. Pace yourself and deal with any issues that arise along the way. I believe you got over a major hurdle with the UST and you should think of that as a win.

[turbotater]

Thank you Justbroke....I have a few more questions:

If the panel trustee waits until day 60 to make me an "asset" case and NO creditors file a claim, why would he do this? I thought the reason would be to pay out a creditor some funds available if they filed a claim only. Can the panel trustee notify a creditor after 60 days and tell them to file a claim? Does he notify them at some point during my waiting period to have them do so?

If the panel trustee ends up filing a non asset distribution and is excused, does this mean I can not worry about my possible refund or do I still need to hold on to it until case closes?
He gave everyone a paper at the 341 stating we would turn over our tax refund to him. I guess I am wondering what to do in the event he files nothing by day 60...does the case discharge and just stay open? I thought he has to do something by day 60...so many things that could happen, just trying to understand each scenario. Thank you.

[justbroke]

If the panel trustee waits until day 60 to make me an "asset" case and NO creditors file a claim, why would he do this? I thought the reason would be to pay out a creditor some funds available if they filed a claim only. Can the panel trustee notify a creditor after 60 days and tell them to file a claim? Does he notify them at some point during my waiting period to have them do so?

The 60-days is for dischargeability complaints, not for claims. The Trustee can set an "asset" case and then file a Notice that there will be a distribution with a new date for filing a claim. I have only seen this where the case was originally a "no asset" case but later changed to an asset case. Otherwise the creditors that didn't feel it necessary to file a claim in what "was" a no-asset case would lose out.

If the panel trustee ends up filing a non asset distribution and is excused, does this mean I can not worry about my possible refund or do I still need to hold on to it until case closes?

If the Trustee files a report of no-assets this means that they don't want any potential refund.

He gave everyone a paper at the 341 stating we would turn over our tax refund to him. I guess I am wondering what to do in the event he files nothing by day 60...does the case discharge and just stay open? I thought he has to do something by day 60...so many things that could happen, just trying to understand each scenario. Thank you.

Your case will discharge unless the UST or Trustee files a motion to dismiss for cause. I don't think you need to worry about that. The Trustee needs to only file a report as to whether there will be a distribution (no-asset, or assets to administer). I don't know your Trustee but I can assume that if they handed out a paper saying that they wanted the tax refund, then you'd have to figure out what percentage. (The Trustee would only be entitled to a percentage. For example, you file in July, then the Trustee should get 50% of any potential refund... unless you exempted any potential refund.)

Did you exempt your potential refund? I don't think you'll have this answer until the Trustee files his/her Report of No Distribution or that there are assets to distribute.

[lukesky]

Thanks. Pacer still says last day for objections is 10/28, which if TODAY shows Day 37 (as it does show today as being), would be day 59, so I was a bit confused.

Guess will just have to wait it all out.

I am hoping with the UST withdrawal of POA, I won't get hit with the day 60 Totality of Circumstances.

Still waiting to see if/when the Panel Trustee will put in his "distribution of no asset" or make it an asset case as I have a possible tax refund.

Since I got thru the hurdle of the UST, aside from a creditor coming out of the woodwork in the remaining days, can the panel trustee do anything to try and stop the discharge now? I know making me an asset case will delay closure, but was wondering if I have anything to worry about with discharge from the panel trustee.

Hi turbotater. Hi. If you donkt mind I have a question. I registered for a pacer account in IL, I see my account number but for some reason I cant get in to use it. Is there a secret to doing this are can you provide me with some sort of link? I would be very much appreciated. Thank you.

[turbotater]

Thank you so much Justbroke.....will just be glad to get this over, regardless...it is a very difficult thing to get through and your mind is at its worst with the "what ifs". No, I did not exempt anything in my wild card exemption which is where the tax refund would have gone I am assuming. I don't know why we didn't, but we didn't ;(

To lukesky: I had no issues signing up. You have to register with a user name and password. Then, they ask for a payment source, as you will be charged if you go over $15.00 in a quarter. You must be very careful what to view, as just looking at a certain page could cost 10 cents and to look at documents could cost up to $3.00. But, once you have done all that and they send you an email, you just need to sign in and have your case # and you go to QUERY. At the top of the page it will show the last date anything was filed in your case.
There is a very good instruction guide to PACER on this site, just search PACER in the search box here and there is one with basic step by step instructions. Hope this helps.

[lukesky]

Thank you turboater for your advise and help. I did just that and it worked. Thanks again!

[turbotater]

JB-So, to clarify this: My COURT paper AND PACER show the last date to file an objection is 10/28/16. BUT PACER has that as day 59 (not 60). SO, can I breathe at midnight of 10/28 or must I wait until midnight of 10/31 (day 62) as 10/29 and 10/30 are Sat. and Sun.

Of course.....the 18 days (18 days come this Tuesday) left could bring along anything to make the above null and void.

[justbroke]

You should breathe easily now anyhow. There is nothing to worry about. Remember that 99% of people pass through this 60 day wait without a peep and that's because there's nothing to stop the discharge.

I would "try" to relax for now. The only thing you may have some concern with is whether you'll need to surrender and potential tax refund. Remember, that the refund does not affect your discharge.

[turbotater]

I will try, as you have reassured me to do numerous times now LOL

If the UST just does not respond to the POA by midnight on Tuesday, she has missed her 30 days and cannot get me on the POA for dismissal. Just gonna hold my breathe she doesn't decide to crop up at all now and it stays quiet.
As for the panel trustee...small potatoes either way.....just want that discharge!

[justbroke]

If the Trustee doesn't file a Motion to Dismiss for Abuse under 11 USC 707(b)(2), then they cannot pursue that route. Just hold your breath.

[lukesky]

Thank you so much Justbroke.....will just be glad to get this over, regardless...it is a very difficult thing to get through and your mind is at its worst with the "what ifs". No, I did not exempt anything in my wild card exemption which is where the tax refund would have gone I am assuming. I don't know why we didn't, but we didn't ;(

To lukesky: I had no issues signing up. You have to register with a user name and password. Then, they ask for a payment source, as you will be charged if you go over $15.00 in a quarter. You must be very careful what to view, as just looking at a certain page could cost 10 cents and to look at documents could cost up to $3.00. But, once you have done all that and they send you an email, you just need to sign in and have your case # and you go to QUERY. At the top of the page it will show the last date anything was filed in your case.
There is a very good instruction guide to PACER on this site, just search PACER in the search box here and there is one with basic step by step instructions. Hope this helps.

Thank you turboater for your help and advise. I did jut that and it worked. Thanks again!

[turbotater]

You are welcome lukesky