does 60 days start the same day as your 341 meeting or the next day after?

[CUbuffs90]

Hi guys, my 341 meeting was at 10am on April 25th. WOuld tomorrow june 25th count as the 60th day or would it not be till june 26th? Wasnt sure if they actual day you had the 341 meeting counted. Thanks!

[AngelinaCat]

Hi CUbuffs90:

Here is what I just posted last week in response to another poster's question on the same subject:

http://www.bkforum.com/showthread.php?77062-60-days-after-our-341-is-up-this-week-how-long-before-discharge

Please do a 'search' before asking the same question again.

Thank you.

[CUbuffs90]

Hi Angelina, maybe i am reading it wrong but i wasnt really wondering when i will get a discharge i was just wondering when the 60 day mark actually is? If my meeting was on april 25th then is june 25th the 60 day mark? Or does the 60 days not start till april 26th, the day after the 341 meeting. Either way i appreciate you answering. Thank you

[AngelinaCat]

The 60 days starts from the date of your 341. However, the trustee CAN extend your date if there are issues, such as property in your BK Estate being worth more than what your exemptions cover.

There are circumstances that can come into play.

I didn't mean to 'bite', if it seemed like that. Sorry.

[CUbuffs90]

No way its fine!! I totally understand. So then tomorrow would be my 60th day!!! I just wasnt sure if the 341 meeting day counted! Thanks so much!

[justbroke]

The "60th" day should clearly be indicated on your Notice of Bankruptcy which has your 341 Meeting date along with the "last day to file a complaint to dischargeability" (dischargeability bar date). That bar date, is the 60th day. It includes weekends and holidays, unless it falls on a weekend or holiday. If it falls on a weekend or holiday, it goes to the next business (court) day.

Since May has 31 days in it, your dischargeability bar date should have been the 25th since the 24th fell on a weekend.

[AngelinaCat]

The 60th day is NOT the date that you can discharge.

It is the LAST day that your creditors have to post objections to the discharge of that particular creditor's debt. Please go back and READ the link I sent you.

Your first ever possible date of discharge comes on Day 61!!!

[CUbuffs90]

Broke, i found that sheet showing deadlines on it that you spoke of in the above post. It says 6/24/12 is my deadline for objections to debts discharged. Since today is sunday and the weekend. It would go to tomorrow as i suspected?

[justbroke]

Yes, it goes to tomorrow. However, remember what Mrs. 'Cat wrote. This is just a bar date, or deadline, for creditors to file a complaint to determine dischargeability. As stated, the first day that you could be "eligible" for the discharge to occur, would be on Tuesday, June 26, 2012. This discharge may be granted "automatically" if your District uses auto-discharge in CM/ECF (the case management system).

Do not count on it happening on the 61st day as Mrs. 'Cat is telling you! There is nowhere in the bankruptcy code that specifies when the discharge occurs. It only reads that the discharge should occur as soon as administratively possible after the dischargeability bar date (the 60 days).

[CUbuffs90]

does it make any difference if its no asset case? Either way im just glad to get to the 60 day mark

[justbroke]

Make a difference for what? How quickly the actual discharge order will come? Generally speaking, there shouldn't be any difference for discharge. As for the closing date, an asset versus no-asset determination should make a difference on the closing date.

I had a no asset case and my case took over 5 months to close after discharge! In some cases, many no-asset cases are discharged and closed on the same day or very close together.

I would just wait for the discharge. That is what a debtor REALLY wants and is what removes your liability to pay the discharged debts.

[AngelinaCat]

does it make any difference if its no asset case? Either way im just glad to get to the 60 day mark

No.