Well, we have almost made it. We are set to be discharged on Monday May 10th. So far, everything has gone fairly smoothly with the exception of one creditor (Chase) sending one letter to our attorney regarding some balance transfers. Well, my attorney has told me that they were just "scare" tactics to see if we would pay/settle for a lesser amount. Nothing was ever filed with the court regarding a AP. So, last night I checked the PACER and nothing was there with the exception of the standard stuff (341 meeting, certificates filed, etc...) My question is can they file some sort of objection on the day it is due to be discharged? Or even on a weekend? Thanks in advance. Made it this far and I am just concerned that they will do something last minute, but not sure if they can.
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the question is: is may 10th your 60th day or was friday your 60th day?
if it was friday then you are in the clear. if it is monday, they are still allowed to file an AP on monday.filed ch7 May 09
341 june 09
discharged, closed Aug 09
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Well, My 341 meeting was on March 10. My Pacer shows "341 Meeting of creditors held and adjourned. Debtors sworn. Entered 3/11/10" So, I guess it depends on what day they use. If it is the day I had the meeting and they start the count on March 11, then day 60 is Sunday. If they started on the March 12, Day 60 would be on Monday. Does that make sense? If it was entered to the pacer on the 11th would that day count?Originally posted by music12 View Post
It says my begin date is March 11 on the Pacer. So, does that day count as the first day?Comment
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Early on in the case you should see on the docket a deadline to object to the discharge. That will help clarify which day is in fact the last day.Comment
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OK, I just saw that. It says "objections for discharge due by 5/10/2010" I don't understand, if it began on March 11, May 10 would be the 61st day.Comment
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Because the 60th day falls on a Sunday. It falls to the next business dayOriginally posted by gello View PostFiled: July 31, 2009
341: September 4, 2009
60 days: November 3, 2009
DISCHARGED!: November 6, 2009Comment
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You are going by calendar days. Since your sixtieths day fall on Sunday, the Monday prevails. They have up to 5:00 o'clock. It would be a rat's way to do you with an AP but my good ole buddy (enemy) did this to us. 'HubIf I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.Comment
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Yeah, that is what I figured. Talk about making you sweat it out. Now, they only sent one letter trying for the full amount. We never responded and they did follow up by phone once, but nothing since.Originally posted by AngelinaCatHub View PostComment
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they can still file against you on monday. but i really don't think so. they would have called up your attorney to try to settle first if they really intended to go through with it. just hang in there for another two days.filed ch7 May 09
341 june 09
discharged, closed Aug 09Comment
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Update: Still nothing from my attorney nor anything showing on my docket.
How soon would it be on the PACER if they did file an AP? Am I looking in the right place meaning the Docket report? My attorney said they have until midnight, but normally we would have heard something by now.Comment
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I hate to say this but my attorney told me that filing on the 60th day is common. So yes the real question is: How long before it would appear on PACER?
Chase is on my list of possible APs (haven't filed yet tho): so I've been following your case with great interest and hope.12/2009 Stopped paying CCs; 3/10 1st suit;
8/2010 finally served; No Asset 7 filed. 11 mos since last bal xfer
9/22/10 60 day club; 9/24/10 report of no distr; 11/23/10 DISCHARGED
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chase is represented by an attorney. if they file something they do it electronically. i believe it would show on pacer instantly. i would say if there is nothing there by 12:10am, you are in the clear. actually, i don't believe any lawyer would be spending their evening still filing stuff, so i think you are clear already...filed ch7 May 09
341 june 09
discharged, closed Aug 09Comment
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Here we are 5:20am EST. Nothing on my PACER. Still hoping.Comment
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you could call the court clerk and innocently say it's your day for discharge and whether everything is okfiled ch7 May 09
341 june 09
discharged, closed Aug 09Comment
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When documents are filed on Pacer electronically they show up within minutes. If they filed an AP yesterday, it would be there today.Filed Chapter 7: 7/3/09
341 Hearing: 8/6/09 - Went Smoothly!
Discharged: 11/30/2009
Closed: 12/16/2009Comment
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