Day 11 since 341

[justplaintired]

I just realized we are on day 11 since our 341 and Pacer has not said anything new since the trustee's report of no distribution the day after the 341. So does this mean the USTrustee won't be filing any objections? Does this mean we are just waiting for the discharge? I check Pacer everyday just to see if anything new has posted and there isn't anything.
Then I figured out how many days it's been and realized we were 11 days since the 341 today and again nothing new on Pacer and I believe this is a good thing and thought I'd ask.

So am I right in my thinking? No objections for the US Trustee on day 11 means things are going good?

[music12]

10 business days haven't yet passed... wait 'till end of day monday

[aces67]

Music's right it's 10 business days from the 341.

[justbroke]

(double post)

[justbroke]

So am I right in my thinking? No objections for the US Trustee on day 11 means things are going good?

I believe it's 10 calendar days, not 10 business days (see 11 USC 704(b)(1)).

I will go further, that the Trustee, "not later than 10 days after the date of the first meeting of creditors, file with the court a statement as to whether the debtor's case would be presumed to be an abuse under section 707(b)" (11 USC 707(b)(1)... only applies to the presumption of abuse and abuse.

The Trustee can file, up to the point of discharge, a dismissal under 707(b)(3) which covers "bad faith" and "totality of circumstances". Neither of these need the case to be presumed or actually abusive, in order for the Trustee to bring these forward.

As a matter of fact, in many cases, the Trustee asks for dismissal under 707(b), 707(b)(2), and, in the alternative 707(b)(3)(A) or (B) in many cases. They add that "alternative" because they know that the 707(b) things are sometimes overcome (overruled).

Okay, now that I scared you... I didn't mean to. Generally speaking, if the U.S. Trustee hasn't filed his "statement of a presumption of abuse" within 10 calendar days of a concluded 341(a) Meeting of the Creditors... he usually isn't interested with your case. (Please take heed to the keyword concluded. If your meeting wasn't concluded, the time clock doesn't start.)

[music12]

justbroke is right!! but it's for a different reason: in bk court, anything 7 days or less is business days, anything 8 days or more is calendar days. that's rule 9006 below.
so 10 days is calendar days.

Rule 9006. Time

(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.

[justbroke]

justbroke is right!! but it's for a different reason: in bk court, anything 7 days or less is business days, anything 8 days or more is calendar days. that's rule 9006 below.

Thanks for the further clarification. I didn't know that it was "codified" somewhere, but assumed it was in the Rules and not the Code. (I actually hate that it's split.)

[music12]

it's even stranger, because in the federal rules of civil procedure, 10 days is business days (11 and above is calendar). that's what confused me at the beginning - i thought bk rules follow federal rules of civil procedure. but apparently they don't.

[justbroke]

i thought bk rules follow federal rules of civil procedure. but apparently they don't.

They do, but incorporated only by "some" references in the Federal Rules of Bankruptcy Procedure. This irritates me too, because you're have Service of Process in the Fed. R. Bankr. P and it references the Fed. R. Civ. P... but not always!!!

[Amy26]

So,that means those of us who had our meetings on July 20th are good to go!! Yay! Now if I can just keep the creditors at bay!

[music12]

yes amy no need to be particularly nervous about monday now!

[justplaintired]

LOL So if it's 10 calendar days, then it's been 10 calendar days, July 20th to July 30th? that's 10 days right?

Now how do I know if my 341 was concluded? I don't know where to find this? All it says is it's a no distribution. Does it say that somewhere on Pacer that it's concluded or is the discharge day, did I overlook something? I don't know where to look for concluded.

[justbroke]

LOL So if it's 10 calendar days, then it's been 10 calendar days, July 20th to July 30th? that's 10 days right?

Yes, that's 10 calendar days!

Now how do I know if my 341 was concluded? I don't know where to find this? All it says is it's a no distribution.Does it say that somewhere on Pacer that it's concluded or is the discharge day, did I overlook something? I don't know where to look for concluded.

It usually says it on PACER. You should have an entry in the docket that reads "Meeting of Creditors Held and Concluded" or something similar. (This may vary by District.)

Another way to tell, is if the Trustee hasn't told you, at your 341 Meeting, that it's continued or postponed. You will usually know if your 341 Meeting is concluded at the end of the meeting via a verbal indication from the Trustee... such as "good luck", "this concludes the 341 meeting for debtor...", "here's your s**t... now get out" (Okay, maybe not the last one!)

[music12]

if you don't know that it is not concluded, then it is concluded. if it were not concluded, you'd have a new date you'd have to appear again.

also, the trustee would not file a report of no distribution asking to be relieved of duties before the 341 is concluded.

yes, your 10 days ended at the end of the day on july 30.

[justplaintired]

Good news for me then I think, she wished us luck. The posting on our "no distribution" was on Pacer by the following afternoon. So I am assuming we must be concluded. Nothing after the "no distribution" on Pacer has appeared.

Sorry for being so obsessive about this, it's been a long week and I think my brain is scrambled at the moment. I was honestly not really worrying about anything, our 341 went ok, so far nothing new on Pacer.