bk7 discharge 31 days after 341 meeting

[hbdown]

I thought 60 - 90 days was iron clad?? No?

[lrprn]

I thought 60 - 90 days was iron clad?? No?

If your Ch 7 is declared a no-asset case by your trustee, then your case can be discharged and closed any time after 60 days passes post 341. How long it takes your overworked and overwhelmed trustee's office to send the documentation to the court to discharge and close your case can take longer than that - sometimes weeks or even a month or more.

If you are in a no-asset case that should have been discharged after 60 days and hasn't been, get your lawyer to investigate, or if you filed pro se, politely call the bk court clerk and inquire about the status of your case.

However, if your Ch 7 case is an asset case, then your case might be discharged after 60 days post 341, but won't be closed until the asset or assets that couldn't be protected are sold and the money distributed to your creditors by your trustee, or your payments to your trustee to keep the unprotected asset are completed.

[AngelinaCatHub]

I thought 60 - 90 days was iron clad?? No?

LRPRN is correct. By law, 60 days for creditor objections. You might try PACER and look at your file. 'Hub

[hbdown]

LRPRN is correct. By law, 60 days for creditor objections. You might try PACER and look at your file. 'Hub

I have my discharge in hand.

filed 2/26
341 meeting 5/1
Discharge 6/2

No asset case.

My discharge was 31 days after 341 meeting. I've read posts on CB where others have gotten there discharges in 30 - 45 days also... but no one know why, the common belief is 60 - 90 days post 341 meeting in set in stone. There HAS to be an exception to the rule right? Or how is it happening, an oversight maybe?

How do I get access to PACER? without paying

[mermaids614]

The OP is saying that he was discharged only 31 days after the 341 meeting. I've always read the earliest that it could discharge was 60 days after the 341 meeting. So what made the OP the exception to this rule?

[pepperoncini]

I was also discharged on my BK7 about 31 days after 341...

(Too lazy - and cheap - to pull the actual PACER numbers right now. My BK7 was filed, 341's and discharged in about 90 days...)

[GettingGoing]

Was this 31 days after your FIRST 341 meeting? Even if your 341 was continued for whatever reason you are due a discharge about 60 days after the FIRST scheduled 341.

[pepperoncini]

Timeline for BK7:

Filed: 8/31/2004
341 meeting: 10/03/2004
Discharged: 11/23/2004
closed: 11/23/2004

[AngelinaCatHub]

I have my discharge in hand.

filed 2/26
341 meeting 5/1
Discharge 6/2

No asset case.

My discharge was 31 days after 341 meeting. I've read posts on CB where others have gotten there discharges in 30 - 45 days also... but no one know why, the common belief is 60 - 90 days post 341 meeting in set in stone. There HAS to be an exception to the rule right? Or how is it happening, an oversight maybe?

How do I get access to PACER? without paying

Well, you got me on this early discharge. Perhaps they are pushing through due to workload. I will investigate.

You will not be billed for PACER unless you accrue $10 worth of charges at eight cents a page in a quarter year. So sign up and use it frugally. 'Hub

[AngelinaCatHub]

A. Upon filing, you will be required to file a sworn list of creditors, a schedule of assets and liabilities, a list of exempt property, a schedule of current income and expenditures, a statement of your financial affairs and a statement of intent regarding consumer debts secured by property of the estate. You will also be required to surrender to the trustee all property of the estate. 11 U.S.C. 521. The order of relief is granted when you file. What this means, among other things, is that an automatic stay is triggered, prohibiting creditors from pursuing you or your property outside of the bankruptcy proceeding.

B. The clerk of court will give notice of the bankruptcy to your creditors. 11 U.S.C. 342.

C. There will be a meeting of creditors called to question you about your debts and ability to pay. The U.S. Trustee calls this meeting and you are required to attend. The judge may not question you at this time. Other creditors and the trustee may question you. Unlike a trial, your attorney may not "object" to questions in a formal sense. It is an open opportunity for creditors to question you and you are required to respond in good faith. 11 U.S.C. 341.

D. A creditor of the trustee assigned to your case may object to your listed exemptions within 30 days after the meeting of creditors.

E. A creditor must file a proof of claim within 90 days after the first date set for the meeting of creditors. At the end of the case, if a surplus remains after all of the claims are paid in full, the court may grant an extension of time for filing of claims not filed during the initial 90 day period.

The trustee may object to any claim.

F. An objection to your receiving a general discharge of all of your debts must be filed by the trustee or a creditor within 60 days following the first date set for the creditors meeting If no objections are filed, and if no motion to dismiss is pending, the court will ordinarily grant a discharge upon expiration of the 60 day period. Bankruptcy Rules 4004 and 1017; 11 U.S.C. 727.

G. A creditor may object to the dischargeability of a particular debt at any time if the debt: (1) is for a tax or customs duty; (2) is not listed in the schedules so that a creditor could file a proof of claim; (3) is related to alimony or child support; (4) is a government fine or penalty; or (4) is a government insured student loan. Any student loans guaranteed or insured by the government will not be dischargeable. This means that you will continue to be liable for the payment even if you file bankruptcy.

A creditor may object to the dischargeability of a particular debt only within 60 days of the first date set for the meeting of creditors, if the debt: (1) is a consumer debt created close to filing; (2) is a result of fraud; (3) is a result of a wilful and malicious injury to a person or property of another. Bankruptcy Rule 4007; 11 U.S.C. 523.

http://www.madere.com/bankrupt.html

OK, I don't get it. 'Hub