My Assets after Discharge!

[backtoschool]

This is true as long as the trustee closed the 341. If the creditiors' meeting isn't officially closed, the 30-day period never starts running and the trustee and creditors have unlimited time in which to file objections to exemptions. Property can not be transferred until the expiration of that 30-day period.

Yes, I agree. The OP will be able to tell if the 341 was closed by looking at terminated statuses on pacer.

[RBisDebtFree]

In terminated statuses, for "Awaiting First Meeting" it has "Date End" of Oct-02 so technically after Nov-01 I can do whatever I want with my non-exempt assets, however, I am still probably going to wait until my discharge.

[backtoschool]

Also when you look at your status of "waiting for discharge" in pacer, it should show as having been set by the trustee's initial report or the holding of the 341 or something like that. That is another way to know that the 341 has been closed.

Here is mine from pacer:

Awaiting Discharge 09/03/2009 55 days Chapter 7 Trustee's Initial Report


And here is the docket entry:

Full Docket Text:
Trustee's Initial Report & First Meeting Held 9/2/2009

[RBisDebtFree]

Mine says something similiar but it says 26 days in status (Awaiting Discharge). However, my first 341 was scheduled for Sep-10 and then attorney had to reschedule due to a conflict in his schedule to Oct-01. So the fact that I am in the Awaiting Discharge status only 26 days doesn't mean that I am on day #26 in my 60 days, is that correct?

[backtoschool]

Mine says something similiar but it says 26 days in status (Awaiting Discharge). However, my first 341 was scheduled for Sep-10 and then attorney had to reschedule due to a conflict in his schedule to Oct-01. So the fact that I am in the Awaiting Discharge status only 26 days doesn't mean that I am on day #26 in my 60 days, is that correct?

So, the first 341 was never held?

The clock starts after the first 341 that you actually go to.

I am really on day 56 of 60. The entry is a day off because it was entered in the pacer system the day after my 341.

[RBisDebtFree]

My attorney said that it is Nov-09 regardless the rescheduling, somewhere else on the forum I've read that it is 60 days from the first scheduled not the first actual 341 meeting. I'll try to lookup the thread.

[RBisDebtFree]

Here are the threads I was referring to:

http://www.bkforum.com/showthread.php?t=26823

http://www.bkforum.com/showthread.php?t=22516

[backtoschool]

Here are the threads I was referring to:

http://www.bkforum.com/showthread.php?t=26823

http://www.bkforum.com/showthread.php?t=22516

If you have autodischarge in your district's pacer system (not all districts have this), I think you will base the discharge on the first scheduled 341 according to these posts.

But if the discharge process is manual, as it is in many districts, you may not see a discharge until 60 days after the 341 you actually attended.

[RBisDebtFree]

I see, I believe my district does have auto-discharge for the following reasons:
1) NoAutoDisch flag is mentioned in the flags possible in my court district
2) Last Day of Objections for Discharge is set exactly 60 days after the first 341 Meeting scheduled date
3) My attorney says that my discharge date doesn't change because of rescheduling the meeting

I didn't find how else I could identify whether or not my district has auto-discharge or not.

[booboo]

This is true as long as the trustee closed the 341. If the creditiors' meeting isn't officially closed, the 30-day period never starts running and the trustee and creditors have unlimited time in which to file objections to exemptions. Property can not be transferred until the expiration of that 30-day period.

So how would one offically know if the 341 is closed? We had ours on 8-23-09 and PACER shows this 341 as SATISIFIED but not terminated...is that the same as closed?

BooBoo

[RBisDebtFree]

I believe ealier in this thread somebody recommended to look at the terminated statuses -- Awaiting First Meeting would have an end date. I think that's how you know it is closed.

[cupcake]

^Typically, it is closed when the trustee files the report of no distribution or final report. I don't think an interim report closes a 341 unless it is specifically addressed in the report. I also have read here that some trustees say at the conclusion of the 341 that the meeting has been closed.

[backtoschool]

So how would one offically know if the 341 is closed? We had ours on 8-23-09 and PACER shows this 341 as SATISIFIED but not terminated...is that the same as closed?

BooBoo

satisfied=closed regarding the 341