Motion to extend time

[tobee43]

Oh, I see. If the Trustee filed a Motion to Extend the 727 deadline (or a deadline to object to exemptions) that Motion, unless joined by a creditor, should only apply to the Trustee. If I was really concerned over a creditor jumping on the bandwagon, I might want to file a limited objection to make sure the Order approving the Motion only applied to the Trustee. However, I have never had a problem with a Trustee's Motion applying to all creditors.

Des.

well des...i think many would appreciate you re-locating or extending your practice to include the entire state of florida!

and putting the thread back into the spot light of the op's question:

I've been reading through posts on the subject and I'm confused. If the trustee files a motion to extend time to object to debtor's exemptions, is it possible to receive a discharge before the extension runs out? I'm in the Florida Middle District.

the op is most concerned with respect to the debtor's exemptions, where i'm under the, perhaps misunderstanding, that a motion to extend "time' would only be applicable to the creditors or trustee's position. (whom even filed the motion),i'm certain each motion specifies what the "extra" time is being requested for...in the case of a trustee it could be for re-examination of possible assets..and or just about anything.

i would likely think a discharge could be issued, however, the case would not be closed and no "order" releasing the trustee until any questions in reference to exemptions or assets are concluded to the satisfaction of the trustee?

[despritfreya]

well des...i think many would appreciate you re-locating or extending your practice to include the entire state of florida!

Thanks for the invite but I don't think I would ever want to take another bar exam.

i would likely think a discharge could be issued, however, the case would not be closed and no "order" releasing the trustee until any questions in reference to exemptions or assets are concluded to the satisfaction of the trustee?

I believe this would be the correct course of action since there was no request to delay the entry of the discharge.

Des.

[tobee43]

Thanks for the invite but I don't think I would ever want to take another bar exam.

ahhhhh...des come ON!! what's another bar examine in the scheme of things?...i know my sister almost developed ulcers when she took the calif bar...years ago! we went to Yosemite for the week before (just she and i) to try to help her to relax..i think had she not passed the first time, she may NOT have done it again. so i do know what you mean..but Florida MUST be easier..LOL!!! you can tell that, by who's practicing here and who has passed their bar.....OK!! i'm NOT ditching ALL Florida attys, we had an EXCELLENT one...however, that's only AFTER interviewing 5 others (6 in total), but that's what it took to find one we felt had a clue!

[tcreegan]

Hi all, Hi des, this is what I found:

(c) Grant of discharge.
(1) In a chapter 7 case, on expiration of the time fixed for filing a complaint objecting to discharge and the time fixed for filing a motion to dismiss the case under Rule 1017(e), the court shall forthwith grant the discharge unless:
(E) a motion to extend the time for filing a complaint objecting to the discharge is pending;

This sounds like the discharge is not going to be 'forthwith' until the extension is over, did I miss something?

Tom in Colo

[free2breathe]

Hi all, Hi des, this is what I found:

(c) Grant of discharge.
(1) In a chapter 7 case, on expiration of the time fixed for filing a complaint objecting to discharge and the time fixed for filing a motion to dismiss the case under Rule 1017(e), the court shall forthwith grant the discharge unless:
(E) a motion to extend the time for filing a complaint objecting to the discharge is pending;

This sounds like the discharge is not going to be 'forthwith' until the extension is over, did I miss something?

Tom in Colo

I've been trying to figure this one out too, Tom. I think the difference is that the discharge would only be delayed for objection to discharge, not objection to exemption. So, someone let me know if I'm getting it yet....if there is an extension for the objection to exemptions, that just means that the trustee has to look further into the exemptions and he's chosen to extend that date for some reason.

Oh, just found this:
Bankruptcy Rule 4003(b): Any request for an extension of the deadline to object a list of exempt property must be filed and served before the time to object to such exemptions expires (thirty days from the conclusion of the first meeting of creditors held pursuant to 11 U.S.C. § 341(a) or thirty days after any amendment to the list of exempt property is filed, whichever is later).

This makes more sense to me now. The normal time for objections to exemptions is 30 days. Objections to discharge is 60 days. If the trustee moves to extend the motion for objection to exemptions, it would likely still fall within the discharge timeframe, assuming that the court would grant a 30 day extension to objection to exemption. Whew, say that three times fast.

[tobee43]

I've been trying to figure this one out too, Tom. I think the difference is that the discharge would only be delayed for objection to discharge, not objection to exemption. So, someone let me know if I'm getting it yet....if there is an extension for the objection to exemptions, that just means that the trustee has to look further into the exemptions and he's chosen to extend that date for some reason.

Oh, just found this:
Bankruptcy Rule 4003(b): Any request for an extension of the deadline to object a list of exempt property must be filed and served before the time to object to such exemptions expires (thirty days from the conclusion of the first meeting of creditors held pursuant to 11 U.S.C. § 341(a) or thirty days after any amendment to the list of exempt property is filed, whichever is later).

This makes more sense to me now. The normal time for objections to exemptions is 30 days. Objections to discharge is 60 days. If the trustee moves to extend the motion for objection to exemptions, it would likely still fall within the discharge timeframe, assuming that the court would grant a 30 day extension to objection to exemption. Whew, say that three times fast.

you got it, as i understand it as well, yet some can actually extend to 90 days! (what fun..) unless of course their atty or they, file a motion to object.

the discharge actually has nothing to do with the situation... a discharge can be issued. however, the case cannot be closed until all pending or open matters are resolved. it's actually quite similar in nature as that of and adversary proceeding...whereby, the debtor could, in fact, receive the discharge, however, the pending ap keeps the order of releasing the trustee from the estate, in essence, keeping the bk "open" under the that one and only matter is resolved.

if, in this case, the trustee, him or herself, has decided to question the exemptions as a reason to request more time in the form of a motion, and they can do that, but they can also discharge the bk. they are two separate parts of the process.

what a crazy scene!!

[tcreegan]

...and if you think this is bad, awhile back there was this guy from Montana who had the UST extend the time, 30 days then 60 days then a couple of 90's He started in the spring and was getting strung out past Christmas...

[tobee43]

...and if you think this is bad, awhile back there was this guy from Montana who had the UST extend the time, 30 days then 60 days then a couple of 90's He started in the spring and was getting strung out past Christmas...

bite you tongue tom!! let's HOPE not for the sake of the OP.

[SunshineGal]

No. You read the original post wrong. It asked if a discharge would be delayed if the Trustee filed a Motion to Extend the Time to Object to a Claimed Exemption, not a Motion to extend the 523 or 727 deadline which is what Rule 4004(1) applies to.

Rule 4003 requires an objection to an exemption be filed within 30 days of the 341 or within 30 days of filing an amendment to Schedule C, whichever is later. The Rule allows for an extension but only "for cause" and does not mention a delay in the entry of a discharge as the entry of a discharge does not remove the asset from the estate.

So, in answer to the original question, the entry of the discharge will not be delayed if the Trustee files a motion to extend time to object to the exemption.

Des.

Just thought I would update the thread. I talked to our attorney and as usual, Des. was right. Now keeping my fingers crossed for a smooth wait until the 60 days run out.

SG

[tobee43]

Just thought I would update the thread. I talked to our attorney and as usual, Des. was right. Now keeping my fingers crossed for a smooth wait until the 60 days run out.

SG

good news, i'm sure it will go just fine....nice! but not surprising des is usually right on the money SG!! ....like i said we sure could use him down here in florida!

[SunshineGal]

Hi you guys,

I thought I would update in case anyone found this thread in the future. The discharge came through on schedule and the date for objections to exemptions has now passed...yay! Thanks for all your help.

SG

[tobee43]

Hi you guys,

I thought I would update in case anyone found this thread in the future. The discharge came through on schedule and the date for objections to exemptions has now passed...yay! Thanks for all your help.

SG

CONGRATS!!!!! I"m soooooooooo glad for you!!!!

have the BEST holiday ever!!! SG!!

[SunshineGal]

Thanks Tobee... Merry Christmas and Happy New Year!