Today is 60 for us

[kenshirley]

I am fully away that this is day 60 and it's not over.
Do you think I am stupid.
Get a life!

[AngelinaCatHub]

I am fully away that this is day 60 and it's not over.
Do you think I am stupid.
Get a life!

Be nice. Everyone here is attempting to help. You are on your way to your Victory (hamster) Dance. 'Hub

[music12]

the 60 days start from the date the 341 meeting is held, not from when the trustee gets around to filing something. the 60 days are set by statute and no trustee can mess with that. many people still have status saying "awaiting 341" long after the 341 hearing, and the last day for objections is still 60 days from 341 meeting.

[music12]

oh, and yes it's true that the discharge order must be entered for it to be official. however, once 60 days passed with no objection then it's just a ministerial act of the clerk and nothing can stop it.

[kenshirley]

Nice? You have the wrong guy.
I have always been very agressive.
But I am outa here anyway now.

[MrSmithster]

music12, i dont think you are correct on that 60 starting from the 341 meeting date. things can happen at your 341 that could cause a delay, are you saying nothing matters and it always starts from 341 date? other time lines on Pacer may be wrong, but that date your tt enters 341 is the date your 60 starts from. As far as i understand, yes the tt does have the power to alter timelines. anyone else have an opinion on the 341/60 day countdown. im not going to arguee with my tt over a 2 week delay-are you??? would you confront your tt when 60 days have passed from your 341 and you are not dismissed??? i doubt it. and if you wnat to go and act like you are dismissed, even though Pacer shows still waiting, be my guest. i prefer to go with my tt's timeline and wait till proper notice is given.

[music12]

[MrSmithster]

i asked a clerk when i filed an amendment (after my 341) about dismissal times in so cal after 341 meeting and she said in so cal its taking most simple no asset 7s well over 100 days to dismiss. do i tell her she is wrong? and if what you say is true, why are many on this site waiting over 60 days for their hamster dance? wouldnt everyone just get one at 60 days? without being posted on Pacer or without receiving notice, how do you know its been dismissed? i think i will wait till they tell me when i am dismissed, instead of me telling them. i dont mean to argue with you, just seems to make sense to wait till your notified rather than assume.

[MrSmithster]

as far as i understand, the delays of more than 60 days in so cal are not related to creditors objecting, its the backup in the court/tt/clerks that are causing delays in filing the paperwork for the discharge

[music12]

of course it's not officially discharged until the discharge order is actually filed (when you say dismissal, i assume you mean discharge; dismissal would be very very bad!!). the point with the 60 days is that once they are up, the discharge is guaranteed to happen. you can wait to be notified, but at the same time you can assume it will happen. and when it happens you get the hamster dance...

and yes, many courts are backed up, which is the only reason the discharge doesn't usually occur on day 61.

so i actually think we agree with each other

[MrSmithster]

i guess we do. but i have seen a few posts where after 60 days tt re-opened case, but seems very unusual. and i did mean discharge above, thanks for the correction

[MrSmithster]

this post from a site Guru...

The can't arbitrarily re-open your case. Generally, if you recieve a windfall within 6 months of discharge (i.e. large inheritance, lottery, etc), you are supposed to inform the court and they can reopen you case.

Most of the time, a trustee reopens a case because they discovered you did something wrong, i.e., hid assests, etc.

[MrSmithster]

and this post(why i wont assume, ya never know)....

trustee reopens case

We rec'd our discharge notice for ch 7, no asset case in Jan 05, case closed about a week later. Per our attorney and the trustee we forwarded both federal & NY state income refund checks to trustee last month. Yesterday we rec'd notice from trustee that he is reopening case due to assets not listed. I was frantic, I called attorney and he said it's because of the tax refunds. He said it's just a formality because trustee had closed the case so now he has to reopen to administer refunds. Our attorney also stated that that tax refunds ARE AN ASSET and by not letting trustee know is considered fraud

[music12]

even if they reopen, that doesn't necessarily undo the discharge. i think with a tax refund, the trustee just takes the refund and distributes to creditors. the discharge is still in place. to undo the discharge they would have to prove fraud, and i think they would also have to prove that they could not have known about the fraud during the 60 days.

i didn't know you have to inform the trustee about winning a lottery after you filed. hmmm. the bankruptcy code doesn't list lottery winnings as something you must report within 6 months. what shall i do? i just won $2!

[kenshirley]

See I am not really worried about it at this point.
I put my attorney on it reminding him the time has passed and to check on it PLEASE~~~~
That is part of what I paid him for~don't you think.
And I don't care when the 60 day period started but I have to think that the court records shown on PACER should be accurate enough.