341 Continued

[vrspartak]

Well, because the coronavirus has shut down the court I was going to attend, my 341 for this coming week was indefinitely continued to a date after 4/10....does that mean the automatic stay is continued as well, until the meeting takes place? The objection to discharge get pushed back too? Just wondering if anybody is in the same boat, and/or has any insight. Can honestly say I didn't think of this curveball when I first filed...

[justbroke]

The automatic stay continues until a dismissal or the case closing, whichever comes first. (There are some other rules for serial filers where the stay only last 30 days unless extend on motion to the court.) Generally speaking, the stay will continue until your case is closed.

The discharge comes as soon as administratively possible "no later than 60 days after the first date set for the meeting of creditors" (Rule 6004 FRBP). I do not know the impact of a national disaster, war, famine, disease, or outbreak with respect to the court extending or tolling that time period when the court is actually closed.

For Florida, at least one District has "extended" certain deadlines. They did this by adminstrative order specifically to address the inability to conduct a 341 meeting.

The following deadlines under the Federal Rules of Bankruptcy Procedure are extended in all cases in which the § 341 meeting is continued by the Office of the United States Trustee or by order of this Court to 60 days after the date of the rescheduled § 341 meeting, provided that if the § 341 meeting is further continued by the Office of the United State Trustee or order of this Court, the 60 days shall run from the newest rescheduled § 341 meeting date.

See http://pacer.flmb.uscourts.gov/admin....asp?FileID=93"]Florida Middle USBC Coronovirus COVID-19 Extensions[/URL] (PDF)

[jds2589]

vrspartak my wife and I are in the exact same situation. Our 341 was scheduled for 3/20 but has since been continued indefinitely as well. It is very stressful because we are told that our financial situation cannot change drastically during this time. I feel it is unfair to have such a long window of time. We had already submitted a reaffirmation agreement for our mortgage prior to this whole coronavirus situation, however we are now considering rescinding this agreement in case the house market were to tank.

[vrspartak]

Thanks for the response justbroke. Yeah, sux for us too jds. Want this darn thing over with. We aren't gonna have our 341 meeting until sometime after 4/10....

[justbroke]

If possible, I'm thinking that if this goes beyond 60 days, then the Executive Office of the United States Trustee (EOUST) may think of alternates like remote video attendance, under oath, using some sort of video conferencing platform such as WebEx or Skype. That's just my opinion on what they "should" do in case this changes the way these in-person meetings are held.

[Fresh]

My attorney said my 341, scheduled in March 2020, was delayed indefinitely. He told me it would be rescheduled and it was to May 2020. It is to be held via telephone. Both me and my attorney must be on the phone at the at same time, but we can be at different locations. The court just requested that I send copies of my IDs to my attorney. My own guess was not far off. I guessed that I would have to go to my attorney's office, bring my IDs, and then hearing via phone.

[flashoflight]

During these times, I don't think I'd be reaffirming anything. Yeah I would tear up the reaffirmation agreement.