Technically what is the cutoff time for a creditor to contest a debt on the 60th day?

[Crash4444]

Just wondering if the cutoff for filing an extenion or AP by the creditor is Midnight or earlier? Today is the official 60th day and have heard nothing, nothing on Pacer. 5:12 PM my time and the courts are closed.

Thanks in advance

[despritfreya]

11:59 p.m.

And such, while highly unlikely, is possible due to electronic filing - court does not need to be physically open. Don't lose sleep. Just check when you get up in the a.m.

Des.

[Crash4444]

Well the midnight hour came and passed. Assuming that PACER is updated and current, there was no challenge to the dischargeability of my debts. My discharge date was also yesterday 4-22-13, so now I will wait for the courts to get this finalized. Unfortunately I still cannot reach my attorney, but per his request I did give him permission to reach out to Discover Card last Friday morning to see if we could work out a settlement. I never heard back from my attorney, or did he return my calls. I have no idea if he was able to speak with Discover Card or not. I was never presented with an reaffirmation agreement or a counter offer. If my attorney did contact them and work out a payment plan, but never informed me, and did not present anything for me to sign, and now the 60 day deadline has come and gone, is it possible for him to present me with an agreement for signature and state that this was negotiated prior to the deadline and I am now required to accept it? Or has the time for negotiating come and gone? Questions like these arise when you attorney abandons you at the last minute and does not return your calls. Very stressful, I think I am done but have not been able to confirm it.

Thanks again for any insight.

[malf1204]

Im sorry why would you be "working out a settlement" with Discover. Is the debt not discharged?

[Crash4444]

Well if my attorney would call me back I could confirm that. I don't want to work out a settlement with Discover, but last Friday, my attorney convinced me against my wishes to allow him to contact Discover Card and see if they would settle the debt. We had received a letter from their attorney stating that the under the 523 they were questioning my purchases and balance transfers within the 90 days priort to filing. I was aware of the risk and fully expected to enter into a settlement with them, but we had never heard from them again after getting the letter. After my attorney said he was going to call them, I never heard back from him with an update, I do not know if my attorney even spoke to them, thus my frustration. They did not file an AP by yesterdays deadline, so my question is it possible that they worked out a settlement on my behalf and I just have not been notified and if so can still be enforced, even though I have not agreed to it or agreed to it priort to the 60 day deadline?

[Crash4444]

Finally heard from my attorney, he told me that Discover Card ask for an extension to review my our offer to settle, but was supposed to provide a request in writing and also should have filed this request with the courts. My attorney is double checking to see if they did provide him with any documentation, but again stated that this should have been filed with court. In his opinion that fact that they did not file an extension, accept our offer or make a counter offer within the deadline, he believes they are done. He will call me back to confirm.

[despritfreya]

I have a problem with this. If the creditor believed it had grounds for a 523(a)(2) claim it needed to either file the timely Complaint or a Motion to Extend the Deadline either with or without the consent of debtor's counsel. Did a Motion to Extend get filed? If not then Discover is SOL. However, maybe your attny gave the creditor an "unofficial" open extension? Doesn’t sound like it but. . . And I am not even sure an “unofficial” extension is valid.

This is why I do not like communicating with a credit card company that claims it has a 523(a)(2) cause of action. I simply ignore any letters wanting to "discuss" the claim. If the creditor has such a claim, let it bring a timely action or seek a timely extension. Anything else just leads to confusion and uncertainty.

Des.

[Crash4444]

Des, you nailed it on the head, I did not want my attorney to contact them, but dummy me I let him talk me into it. My attorney made them a settlement offer, they told him they wanted an extension to consider the offer, he asked them to put it in writing and to file with court. He received their paperwork via email on the 23rd, as mentioned prior, the filing deadline was the 22nd. Discover also failed to file with the courts period. My attorney told me he needed to make some calls, finally called me back and told me it is done, Discover is SOL. I contacted the courthouse and they told me my file should automatically show as discharged in a day or so. It is very frustrating that this got so messy, the stress and unknown, was very difficult and unnecessary. This forum has been a wealth of information, just wish I had found it much sooner. Hopefully by sharing this it can prevent someone else from having to go through a similar experience. My advice to anyone out there, do your homework, meet with your attorney and don't be afraid to ask hard questions, and make sure you are on the same page.