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Deficiency Notice - please translate...

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    Deficiency Notice - please translate...

    It says:
    ================================================== ==============================
    Notice of Continuance of Meeting of Creditors filed by MC9199, 341(a) meeting to be held on [date] at [time] at [meeting room] at [address]. [attorneys_name]

    PROBLEM: The Notice of Continued Meeting of Creditors was not accompanied by the required Consent Motion to Extend Time to object to Discharge.

    CURE: Please file the required Consent Motion to Extend Time to Object to Discharge.

    CONSEQUENCE: If the problem is not cured by the date below, the pleading will be STRICKEN from the record.

    All deficiencies must be cured by [date].
    ================================================== ==============================

    I know my attorney requested a new date, and it was given in the first paragraph above, but is there something I need to be concerned about here...who has to do what, if anything?

    Thanks for listening
    _______________________________
    341 Meeting 11-Jan-2010
    Unsecured debt: $46,000 IRS: $1800
    Discharged and Closed 27-April 2010

    #2
    This is a procedural thing for your attorney. There is nothing for you to do. Hopefully your attorney is on top of the ball. It looks like he asked for a continuance of the 341 Meeting without another procedurally required document.

    The procedure is probably that the Trustee's consent is required for this type of motion and that the consent must allow for the extension of the dischargeability date. So on the one hand, your 60 days is probably going to become longer. On the other hand, your 341 Meeting is being moved.

    What is your lawyer up to anyway?
    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
      If your attorney has requested a change in date, then all of the creditors on your creditor matrix must be notified of the change in date so that they will have their 60 days required in order to file objections. (They rarely do.)

      This is a motion that was presented to the judge, and must be agreed to by him. Apparently your attorney failed to file something with this motion. He should have corrected it by now.

      Call and ask him first thing tomorrow. Ordinarilly you should not have to worry about things like this, as copies of everything that happens before the court in your case will go to all parties involved and be posted on PACER. But knowing how inept our attorney turned out to be, you do need to ask about it.
      "To go bravely forward is to invite a miracle."

      "Worry is the darkroom where negatives are formed."

      Comment


        #4
        Originally posted by justbroke View Post

        What is your lawyer up to anyway?
        He had told me back in November that he might have to request a change for the 341 date in case it fell during the week he had scheduled a vacation, which I guess it did.
        _______________________________
        341 Meeting 11-Jan-2010
        Unsecured debt: $46,000 IRS: $1800
        Discharged and Closed 27-April 2010

        Comment


          #5
          Originally posted by AngelinaCat View Post
          If your attorney has requested a change in date, then all of the creditors on your creditor matrix must be notified of the change in date so that they will have their 60 days required in order to file objections.
          That's kind of what I thought they were trying to say in the notice -- they sure found a bizarre way to try and get that across!

          I'll call him and make sure that he will take care of it.
          _______________________________
          341 Meeting 11-Jan-2010
          Unsecured debt: $46,000 IRS: $1800
          Discharged and Closed 27-April 2010

          Comment

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