top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Dismissal date?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Dismissal date?

    One more question. My original 341 date was July 2nd and according to my filing papers, the 60 day date is August 31. I was out of town though on august 2nd and rescheduled and went to my 341 on july 24. Here is my question. Is my dismissal date still august 31 or 60 days from July 24? I can't find anything on pacer as to a dismissal date. Also, how do you open the .pl files on pacer?
    Thanks

    #2
    Originally posted by brooklyn View Post
    One more question. My original 341 date was July 2nd and according to my filing papers, the 60 day date is August 31. I was out of town though on august 2nd and rescheduled and went to my 341 on july 24. Here is my question. Is my dismissal date still august 31 or 60 days from July 24? I can't find anything on pacer as to a dismissal date. Also, how do you open the .pl files on pacer?
    People confuse the deadline for filing claims, the deadline for an objection to discharge, and when the actual discharge and closing occur.

    The deadline for an objection to discharge is 60 days from the first scheduled 341 Meeting. This is whether the meeting is concluded or not, so your deadline on the objections should be based on the July 2nd date.

    The deadline for filing claims is usually 90 after the first scheduled 341 Meeting. Please note, that in a no-asset case, this date is meaningless and shouldn't even be provided by the Trustee, since there is no deadline since there are no assets or property (money) to distribute.

    The last two are the discharge date and the closing date. The discharge will typically come "as soon as possible" after the deadline for objection to discharge has expired. The Trustee may ask for the discharge date to be moved if your 341 Meeting was rescheduled and/or for other cause that is keeping them from administering the case.

    The final thing is the closing date. The closing is a formality for most cases. That means for no-asset cases, this is just a formality as most no-asset cases close immediately after discharge (in some Districts, it's an auto-close upon discharge). However, for asset cases, the Trustee can take years to administer the assets in the case (recover property of the estate, sell property, sue various people involved in fraudulent conveyances and preferences, wait for a tax refund or other money from the debtor, and so on). Generally, this takes less than 1 year in an asset case, but can go longer.

    Hope that helps. (There's a FAQ somewhere on the site which I believe HHM wrote which goes through the difference of a discharge versus a close)

    BTW, what PL files? They are PDF files and all you need is download Acrobat Reader from the Adobe website. Most computers these days should already have Acrobat installed.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Originally posted by justbroke View Post
      People confuse the deadline for filing claims, the deadline for an objection to discharge, and when the actual discharge and closing occur.

      The deadline for an objection to discharge is 60 days from the first scheduled 341 Meeting. This is whether the meeting is concluded or not, so your deadline on the objections should be based on the July 2nd date.

      The deadline for filing claims is usually 90 after the first scheduled 341 Meeting. Please note, that in a no-asset case, this date is meaningless and shouldn't even be provided by the Trustee, since there is no deadline since there are no assets or property (money) to distribute.

      The last two are the discharge date and the closing date. The discharge will typically come "as soon as possible" after the deadline for objection to discharge has expired. The Trustee may ask for the discharge date to be moved if your 341 Meeting was rescheduled and/or for other cause that is keeping them from administering the case.

      The final thing is the closing date. The closing is a formality for most cases. That means for no-asset cases, this is just a formality as most no-asset cases close immediately after discharge (in some Districts, it's an auto-close upon discharge). However, for asset cases, the Trustee can take years to administer the assets in the case (recover property of the estate, sell property, sue various people involved in fraudulent conveyances and preferences, wait for a tax refund or other money from the debtor, and so on). Generally, this takes less than 1 year in an asset case, but can go longer.

      Hope that helps. (There's a FAQ somewhere on the site which I believe HHM wrote which goes through the difference of a discharge versus a close)

      BTW, what PL files? They are PDF files and all you need is download Acrobat Reader from the Adobe website. Most computers these days should already have Acrobat installed.
      Thanks again justbroke.
      If the trustee was going to extend, do they do it at the last minute?

      And for some reason on a mac, they download as .pl files. changed the name to pdf and they opened fine

      Comment


        #4
        Originally posted by brooklyn View Post
        Thanks again justbroke.
        If the trustee was going to extend, do they do it at the last minute?
        Yes, usually at the last minute.

        Originally posted by brooklyn View Post
        And for some reason on a mac, they download as .pl files. changed the name to pdf and they opened fine
        I think this may be the browser you're using. If you're using Safari, that may be the issue. The problem is, that they don't have the document ID in the URL. It may be a Perl script (ends in .pl) so that was sends the document to your computer, but it's not the actual document type. Well, that's my theory.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          Originally posted by justbroke View Post
          Yes, usually at the last minute.

          I think this may be the browser you're using. If you're using Safari, that may be the issue. The problem is, that they don't have the document ID in the URL. It may be a Perl script (ends in .pl) so that was sends the document to your computer, but it's not the actual document type. Well, that's my theory.
          actually Safari and Firefox. Thanks for everything. Back to chewing on my nails

          Comment


            #6
            im at 91 days. what link do i use on Pacer to see if i am dismissed? status? or?

            Comment

            bottom Ad Widget

            Collapse
            Working...
            X