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Do creditors file objections via the regular U.S Mail only?

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    Do creditors file objections via the regular U.S Mail only?

    Hello folks, thanks for all of your help.
    Do creditors file objections via the regular U.S Mail only?

    I was wondering if they can file the objection electronically or atleast via email??

    If the deadline for objections is on a Wed but the court doesn't receive the mail until thursday, I guess the creditor is out of luck?

    I assume that the courts open the mail EACH day that they are open (Mon - Fri) ?
    Thanks for all of your great and fantastic help.

    #2
    It would be curious to see how many of your 186 posts asked about objections.

    On 12/30/07, you posted a question about "Last Minute Objections"
    Last edited by HHM; 01-02-2008, 11:24 PM.

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      #3
      Inhocknow, I don't have that many fingers and toes to know how often you've asked what, but chances are that your creditor is not doing the legwork but has rather hired a legal firm to do it for them. Objections can be electronically filed by their attorneys, and it's a same day scenario.

      Now I thought from reading something on the PACER site that ECF keeps business hours (an attorney can only file electronically during hours the court would be available for business, so if an attorney went to electronically file an objection at 5:00pm but the court closed at 4:30pm he'd be SOL) but I could be wrong on that.

      May your new year be entirely objection free, Inhocknow.
      Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

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        #4
        the clerk told me that creditors re required to use pacer and that thry can file anytime except during sytem maintenence. She also told me that if ther is a deadline then it can come into the system up to 1159 pm on that day. The only exception would be an individual representing themselves without an attorney. They can file via mail and the court goes by the postmark. Again this would only apply to an individual or maybe a mom and pop business.

        Also, they can "file" an objection at anytime but if it is late then they are SOL.
        Chapter 7 Pro Se....Discharged Feb. 2006

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          #5
          Thanks for all of your help folks. From what I get from the responses is that all creditors must file electroncically? If they file after-hours, I wonder if it would show up on PACER or would it go into a seperate que for the clerks to review? Thanks for all of your help.

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            #6
            I know you are very worried about a creditor filing an objection but you can't control it even if they do. You need to relax some!!!

            Comment


              #7
              Originally posted by inhocknow View Post
              Thanks for all of your help folks. From what I get from the responses is that all creditors must file electroncically? If they file after-hours, I wonder if it would show up on PACER or would it go into a seperate que for the clerks to review? Thanks for all of your help.
              Nope, all ATTOTRNEYS must file electronically. A creditor can file a document any way you can: by mail, in person at the courthouse, or if they have an attorney, through their attorney (and thus electronically). As Cindylynn pointed out, an individual creditor or very small business *without an attorney* would be filing paper, whether in person or by mail.

              It may not make any difference for you personally, if all your creditors are large corporations, but there are quite a few people filing bk who owe money to individuals, and those individuals are also listed as creditors in a bk. Not so long ago a person posted about their own mother filing an objection to their bk. To use that as an example, if mama had no attorney, it was a paper filing in person or by mail.

              As for a queue for clerks to review... dunno. You got me on that one. Maybe someone else knows?

              Thanks for the correction, Cindylynn! That's good information to know.
              Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

              Comment


                #8
                Ok, so being new to this and tapping into this thread, if there is an objection does that mean its all final? Say Citibank objects to my CH7, am I SOL and have to pay Citibank - or - is it up to the trustee/attorney or judge for the final say?

                And if the judge grants the objection, can the payments be setup on some sort of payment plan?
                Filed: 01/23/08
                341 Meeting: 02/29/08
                Discharged: 04/30/08
                Closed: 05/12/08

                Comment


                  #9
                  Gopher, if your creditor files an objection you actually have to go to court; as HHM said elsewhere, it's like a mini-lawsuit within your bk case. Beyond that I don't know much... and here's hoping I never do.
                  Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

                  Comment

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