341 - How to Count Days?

[viking64]

Well, my Ch 7 was filed Wednesday. I had though it would have to be a Ch 13, but the attorney (excellent reputation) ran numbers and is confident of a 7, so I'm very happy in that regard.

Anyway, I just saw on Pacer my 341 is 12/16. I thought it had to be within 45 days of filing? Do they count business days, calendar days, or does it not have to be within 45 days? It's exactly 7 weeks, or 49 calendar days.

The irony is that this is the one day in the next 2 months I have an event I can't move that evening in another city. My stepmother is taking me to dinner and the opera as an early Christmas gift. Since my hearing is at 3 pm, I get to miss dinner (and I'm not about to say - or dress - as if I'm going to the opera!) but I'll make it in time for curtain.

Obviously the 341 takes priority, and I'm not complaining, I'm just bemused that it fell on that same day.

[whipster1]

Depends...mine was set almost two months after filing.

[justbroke]

Anyway, I just saw on Pacer my 341 is 12/16. I thought it had to be within 45 days of filing? Do they count business days, calendar days, or does it not have to be within 45 days? It's exactly 7 weeks, or 49 calendar days.

The Bankruptcy Code (11 USC 341, after which the meeting is named), doesn't specify the time. It only uses the word "reasonably". While it is usually 45 days or so after filing, the caseload of the U.S. Trustee has bearing on this date as well.

[MSbklawyer]

The irony is that this is the one day in the next 2 months I have an event I can't move that evening in another city. My stepmother is taking me to dinner and the opera as an early Christmas gift. Since my hearing is at 3 pm, I get to miss dinner (and I'm not about to say - or dress - as if I'm going to the opera!) but I'll make it in time for curtain.

Obviously the 341 takes priority, and I'm not complaining, I'm just bemused that it fell on that same day.

[justbroke]

Get your 341 continued. It's done all the time. They'll just reset it for the following month.

Yeah... just don't miss your 341 Meeting.

(Maybe it's common where you practice MS, but how does one go about getting it continued? Does the attorney just talk to the panel Trustee? What if one was pro se... does that make it any harder to get it continued?

[GoodtoGo]

Have your attorney push the 341 to another date. Not a problem. They may have 20-30 people at the same time period as your appointment, which could delay your day even further. I know our second appointment was very flexible (requesting more information), and it turned out they cancelled altogether. Good Luck

[viking64]

The Bankruptcy Code (11 USC 341, after which the meeting is named), doesn't specify the time. It only uses the word "reasonably". While it is usually 45 days or so after filing, the caseload of the U.S. Trustee has bearing on this date as well.

Ahh - that makes sense. I misunderstood the timeline. Thanks.

I'll take a discharge over a free meal. I don't want to delay the 60 day waiting period any further than it is!

Have your attorney push the 341 to another date. Not a problem. They may have 20-30 people at the same time period as your appointment, which could delay your day even further. I know our second appointment was very flexible (requesting more information), and it turned out they cancelled altogether. Good Luck

I'm planning to be at the courthouse until 5. I don't know how NJ works - whether the 3 pm slot is from 3-4 or 3 to the end of the day, but I can't imagine we would go after 5. These are federal employees, right?

In any case, we'll get to the City in plenty of time so it will be OK.

[MSbklawyer]

Yeah... just don't miss your 341 Meeting.

(Maybe it's common where you practice MS, but how does one go about getting it continued? Does the attorney just talk to the panel Trustee? What if one was pro se... does that make it any harder to get it continued?

Yes, just call or write the trustee and tell him you have a preexisting commitment that day and request a continuance for the next month. I've never had a trustee object to that.

And even when people just miss the 341, they give them the benefit of the doubt the first time and reset it.

[music12]

why not ask the trustee to change the time to earlier in the day the same day? that way you won't extend the process, and you'll get to celebrate completing your 341 at the opera!