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    What if...?

    What happns in a chapter 7 if after the trustee has approved your case, one of the creditors objects?

    #2
    As long as the creditor objects within the 60 days after your 341, then that will be dealt with accordingly. The Trustee will review your case as to why the creditor has objected. As your probably aware, creditors will object if they believe there was abuse and/or fraud.

    If a creditor objects after the 60 day waiting period, my understanding is the creditor losses out.
    Bankruptcy History:
    Chapter 7 filed - 10/12/2005 - Asset
    Discharged - 02/16/2006
    Case Closed - 11/08/2007

    A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

    All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

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      #3
      Note, creditors can only object to the discharge of "Their" debt, they cannot object to your case as a whole. So, if the creditor files an objection within the proper time frame (i.e. before the first date set for discharge), then a hearing will be scheduled. However, that objection will not hold up you receiving your general discharge.

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        #4
        Note, creditors can only object to the discharge of "Their" debt, they cannot object to your case as a whole. So, if the creditor files an objection within the proper time frame (i.e. before the first date set for discharge), then a hearing will be scheduled. However, that objection will not hold up you receiving your general discharge.

        I didn't hear of any objections while I was in the process of filing Chapter 13.
        My Ch13 341 was late August, than I had an objection to confirmation and a date w/the Bk Judge. Since than I've changed my case to Chapter 7 - I'm nervous, does the 60 day cycle restart? My new 341 is this Thursday. Sweating here!

        Catchmeifyoucan
        July 2006: Filed Ch13 :blink:
        Oct 2006: Converted to Ch7 :clapping:
        Jan 2007: DISCHARGED :clapping:
        Nov 2007: CLOSED :yahoo::yahoo::yahoo:

        Comment


          #5
          Originally posted by CATCHMEIFYOUCAN View Post
          Note, creditors can only object to the discharge of "Their" debt, they cannot object to your case as a whole. So, if the creditor files an objection within the proper time frame (i.e. before the first date set for discharge), then a hearing will be scheduled. However, that objection will not hold up you receiving your general discharge.

          I didn't hear of any objections while I was in the process of filing Chapter 13.
          My Ch13 341 was late August, than I had an objection to confirmation and a date w/the Bk Judge. Since than I've changed my case to Chapter 7 - I'm nervous, does the 60 day cycle restart? My new 341 is this Thursday. Sweating here!

          Catchmeifyoucan
          Yes, I think the clock restarts since since a conversion is strictly speaking a new case. So creditors and the trustee will have a new opportunity to object to discharge. However, Objections to Discharge under Chapter 7, and Objections to Plan Confirmation under Chapter 13 are two different things, and they don't always overlap. Generally, an objection to Plan confirmation in a 13 has to do with feasibility of the plan or that the plan cannot provide sufficient payment to a creditor that is required to be paid under the plan. A chapter 7 objection to discharged is generally relates to some sort of fraud committed by the debtor against a creditor.

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