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Last Day to File objections, Gov. Proof of Claim

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    Last Day to File objections, Gov. Proof of Claim

    Hi,

    My date for creditors to file objections is 2/26/2010. Is case usually discharged around the same date?

    I also see another date set for 4/28/2008 that says : Government Proof of Claim. What does this mean?

    #2
    Originally posted by cinderella View Post
    Hi,

    My date for creditors to file objections is 2/26/2010. Is case usually discharged around the same date?

    I also see another date set for 4/28/2008 that says : Government Proof of Claim. What does this mean?
    It sounds like you're an asset case. After the objections date passes, a discharge hearing will be held. If there is nothing out of the ordinary, the BK judge will discharge you and then you're pretty much home free.

    Your case won't be closed, however, until the trustee liquidates and distributes your assets. The "Proof of Claims Deadline / Government Proof of Claim" are just the deadlines for creditors to file to get a portion of those assets. That will all be handled by the trustee, but you can check out the "Claims Register" on PACER if you want to see who has filed a claim.
    09/28/2009: Filed Chapter 7 (Pro Se)
    10/27/2009: 341 Meeting of Creditors
    12/28/2009: Last Day for Objections
    01/22/2010: DISCHARGED

    Comment


      #3
      Originally posted by cinderella View Post
      My date for creditors to file objections is 2/26/2010. Is case usually discharged around the same date?
      Yes, your discharge should follow this date pretty closely whether you are a no-asset or asset case. Being an asset case will delay your *closing* until the trustee liquidates the asset and distributes the money obtained equally to your creditors.

      I also see another date set for 4/28/2008 that says : Government Proof of Claim. What does this mean?
      The bk law allows the government to have a longer time period to file claims than regular creditors. That's all this means - it's normal.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

      Comment


        #4
        The trustee posted something to the affect a few days ago saying:

        " after review...etc etc..assets n/a ...no distribution...request to be removed from this case as trustee..set to discharge...etc etc." I hope all goes well.

        Do people file claims of try to distribute assets if there are not assets found by the trustee?

        I will check out the registrar. thanks!

        Comment


          #5
          Originally posted by cinderella View Post
          The trustee posted something to the affect a few days ago saying:

          " after review...etc etc..assets n/a ...no distribution...request to be removed from this case as trustee..set to discharge...etc etc." I hope all goes well.

          Do people file claims of try to distribute assets if there are not assets found by the trustee?

          I will check out the registrar. thanks!
          If the trustee files a "no distribution" report and requests to be removed from the case, then you are a "no asset" case and the deadline for claims is meaningless. No claims should be filed if there are no assets to distribute. Your case will most likely be closed within a few days of your discharge. Congratulations!
          09/28/2009: Filed Chapter 7 (Pro Se)
          10/27/2009: 341 Meeting of Creditors
          12/28/2009: Last Day for Objections
          01/22/2010: DISCHARGED

          Comment

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