Timing Questions

[ForTheBest]

I attended my first no-asset Ch7 341 on 10/8. The trustee continued it until 11/5 because some of the schedules needed to be amended and the statement of financial affairs hadn't been filed.

I was having serious problems with my attorney and dismissed him in mid October, but before I did that he filed the amended/ missing forms - which turned out to be incorrect. (He didn't tell me he was filing them and I didn't get to see them.)

One of the things he "forgot" to include was a pending personal injury claim that's about ready to settle. (I'm using the federal exemptions and the amount of the settlement is well within the allowable amount.)

In addition to the problems with the schedules, it also came to my attention that only 3 of my creditors had been listed on the mailing matrix, so they were the only ones officially notified of my bk.

Anyway... my new attorney talked with the trustee on 10/20 about all of this. The trustee told him to amend the forms, correct the matrix, and bring documentation about the personal injury claim to the 341 on 11/5. The trustee didn't change the 11/5 341 date, saying that he didn't want to continue it again.

Okay... my questions:

1. Will my discharge date now be later than it originally would have been?

2. If I get lucky and the trustee files a report of no distribution shortly after the 341, will I be able to collect the personal injury settlement before discharge?

I apologize for this post being so long! I didn't know how to make it shorter and still explain what's been going on.

Thanks very much for your help!

[OhioFiler]

I attended my first no-asset Ch7 341 on 10/8. The trustee continued it until 11/5 because some of the schedules needed to be amended and the statement of financial affairs hadn't been filed.

I was having serious problems with my attorney and dismissed him in mid October, but before I did that he filed the amended/ missing forms - which turned out to be incorrect. (He didn't tell me he was filing them and I didn't get to see them.)

One of the things he "forgot" to include was a pending personal injury claim that's about ready to settle. (I'm using the federal exemptions and the amount of the settlement is well within the allowable amount.)

In addition to the problems with the schedules, it also came to my attention that only 3 of my creditors had been listed on the mailing matrix, so they were the only ones officially notified of my bk.

Anyway... my new attorney talked with the trustee on 10/20 about all of this. The trustee told him to amend the forms, correct the matrix, and bring documentation about the personal injury claim to the 341 on 11/5. The trustee didn't change the 11/5 341 date, saying that he didn't want to continue it again.

Okay... my questions:

1. Will my discharge date now be later than it originally would have been?

2. If I get lucky and the trustee files a report of no distribution shortly after the 341, will I be able to collect the personal injury settlement before discharge?

I apologize for this post being so long! I didn't know how to make it shorter and still explain what's been going on.

Thanks very much for your help!

It's listed as an exempt asset on your schedules. Won't be a problem.

[ForTheBest]

Thanks, OhioFiler. That's great news.

Anybody have an answer/ best guess about the discharge date question?

This whole mess has made me so nervous. I just want it to be over.

[OhioFiler]

Thanks, OhioFiler. That's great news.

Anybody have an answer/ best guess about the discharge date question?

This whole mess has made me so nervous. I just want it to be over.

Your discharge date clock starts on 11/05/2009.

[ForTheBest]

Your discharge date clock starts on 11/05/2009.

Just curious... is that because the creditors who weren't notified earlier now get their 60 days for objections? Or is it to give the trustee more time? Or for some other reason?

Thanks again, OhioFiler.

[whipster1]

That is incorrect I think. The time normally starts on your first 341 meeting date, which was 10/8 unless an extension is filed. Maybe MSBK can chime in here.