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    59 down - 1 to go - Done yet??????

    As some of you may know I have one day left until my 60 days is over!!!!
    The day of my 341 I was declared a no asset case by my trustee and the normal verbiage saying so was posted on PACER. About two weeks ago I filed an amendment listing some more assets that I had forgotten about. Unfortunately I can't exempt some of the added assets so I was expecting the trustee to change me to an asset case. As of today, she hasn't changed anything. PACER still shows no asset case and awaiting discharge.

    Now my question. I understand the 60 days after the first meeting of creditors is for everyone to object to the discharge. After the 60 days I know I will shortly be discharged and then the closing MAY happen sometime soon after that. Does the BK trustee have the same 60 day time limit to change me to an asset case or she can still do it after the 60 days? If nobody objects in the next day am I free and clear or can the trustee get my money (or her money)? Since she has already asked to be released and declared me no asset will it be closed automatically unless the court receives an objection from the trustee or will the courts contact the trustee before closing the case? Anyone know how that can play out? I am keeping my fingers crossed.

    Thanks for your help and thanks to all of you for your support and wisdom during these trying times.

    #2
    Since you made a late amendment you probably will not be discharged at 60 days.

    The good news is even if you can't quite exempt all the assets it is possible the Trustee will still abandon all claims to them. It depends if the assets that are non exempt are worth enough for the the Trustee to hold an auction and distribute them.

    Try not to worry to much just wait and see what happens .
    May 31st, 2007: Petition Filed by my lawyer
    July 2nd, 2007: 341 Meeting Held
    September 4th, 2007: Discharged and Closed.

    Comment


      #3
      Also volume

      In many districts, especially larger ones, many discharges are now taking up to 90 days, even in no asset cases. However many are still 60 days like clockwork. So I guess it just depends.
      Filed 10/11/08 - 341 11/23/08 - Discharged 1/26/09
      2/19/09 Stipulation agreement reached w/trustee - Still awaiting Closed Status
      Check my blog at Steve's Bankruptcy Blog Watch day by day what happens with a PITA trustee! - Web Hosting by Broadband Hosting Web Hosting

      Comment


        #4
        i am in the central valley, California going on 65 days, no asset case, no problems but still not discharged at day 65....still waiting...
        Don't take my word for it, I'm just sayin'

        Comment


          #5
          i wonder

          after the 60 days though you are discharged though right, no one else can object so is it just amatter of admin?
          B x
          filed Ch 7 Oct 31st 2008.
          341 Dec 10th 2008.
          DiSCHARGED Feb 10th 2009

          Comment


            #6
            Originally posted by B65 View Post
            after the 60 days though you are discharged though right, no one else can object so is it just amatter of admin?
            Depends if they filed an extension or not. If they did then yes they can still object assuming the extension is approved.
            May 31st, 2007: Petition Filed by my lawyer
            July 2nd, 2007: 341 Meeting Held
            September 4th, 2007: Discharged and Closed.

            Comment


              #7
              Thanks to all of you for your help and responses. This is truly a great forum!!

              JR, the trustee has not filed an extention. The only thing filed as of yet by the trustee is the report of no asset which was done on the day of the 341. My 60 days is up today (Saturday)!!! I guess I have to wait and see what happens.

              No news is good news......

              Thanks

              Comment


                #8
                when the 60 th day

                is a weekend day, mine falls on a sunday they normally make the monday the 60th day, check on your first page of notice on bankruptcy, it should give your last day for objections and it should say the date, it will probably be monday.
                B x
                filed Ch 7 Oct 31st 2008.
                341 Dec 10th 2008.
                DiSCHARGED Feb 10th 2009

                Comment


                  #9
                  I checked the official court notification and it does say the last day for objections is January 24, 2009 (Saturday). I am really hoping the trustee ignores the additional assets we amended or because they are so overwhelmed, the trustee does not get around to looking at the amendment. This way I am discharged and closed soon.

                  Thank you very much for everyone' support and insight.

                  Comment

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