Contradictions between law and lawyer

[littlemuffin]

I just received a call from my attorney because I had sent two emails this week trying to verify a couple of issues. It was the first time I have initiated a call with the office. I have been researching myself and haven't had many questions.

I had questioned whether the deadline for objections would be extended due to my reaffirmation hearing 90 days post 341. I am a no asset chapter 7. I am over the median for my state but I have had no objections, presumption of abuse, or even questions about my chapter 7 filing and am past the 60 day deadline.

My attorney said he just wanted to make sure I understood a couple of issues. First he said that the deadlines aren't truly deadlines as such. A person/creditor can challenge a bankruptcy at any time even 5 years down the road. The next thing he said was that my discharge could come at any time. My reaffirmation hearing has nothing to do with my discharge. Both of these statements contradict everything I have read on this forum and others.

Up to this point, the law firm seems great. Paperwork was done correctly and the staff has been pretty good to this point.

Was my understanding of the deadlines that far off?

Thanks

[despritfreya]

My attorney. . . said that the deadlines aren't truly deadlines as such. A person/creditor can challenge a bankruptcy at any time even 5 years down the road.

You must have misunderstood. Once your Discharge is entered, it is entered, so long as it is entered after the Complaint deadline and if no one filed a 727 Complaint. The only thing that can set it aside is an attempt to revoke it under 11 USC 727(d) and such a request, as stated in 727(e), must be brought within 1 year of the entry of the discharge under subsection (e)(1) or the later of 1 year after entry of discharge or the close of the case under subsection (e)(2). So, I suppose if the case is not closed for 4 years, then a creditor or the Trustee could seek to revoke the discharge within the 5 years you have mentioned. But such is simply not going to happen unless there is some real bad fraud going on.

The next thing he said was that my discharge could come at any time. My reaffirmation hearing has nothing to do with my discharge.

This statement is correct. The approval of the reaffirmation agreement has nothing to do with the timing of the entry of the Discharge. There may be 1% of the jurisdictions out there that will deny approval of a reaffirmation agreement AFTER the entry of the Discharge but 99% of them simply want all signatures on the document before the entry of the Discharge.

Des.

[justbroke]

Des is spot on, as usual!

[littlemuffin]

Thank you Des and justbroke. My attorney is extremely cautious so possibly he just wants me to know all possibilities.

I just thought I had read on the forum that since it is an actual hearing for the reaffirmation agreement, my discharge would be delayed. But I could easily have misunderstood.

[justbroke]

Sometimes with all the legalese and other terms thrown around, it's quite easy to get confused. At least you asked the question(s) in order to understand what your attorney was talking about. Most people are afraid to ask.

Best of luck to you.

[littlemuffin]

Ask me tax law, I can give you a great answer.

This legalese stuff gives me headaches

Thanks for your attention and kind wishes.