Help w/reading BK Law about UST???

[welovedis]

first meeting of creditors

[welovedis]

Bumping, anyone?

[AngelinaCat]

I don't have my Ch7 book at hand right now, so what I will be saying is more or less a guess. Here goes:

At this point, I am thinking that your 341 being continued as it has, is being treated as though it actually has NOT happened yet. The reason I say this is because when we attended our 341, the lady that was in line ahead of us had hers continued. She was trying to do it pro se, and had so many things wrong--including the name on her photo ID (Driver's License) and SS cards did not match her current name. There had been a divorce. The trustee continued her 341 to the next month, and essentially treated it as though it never happened. He was very patient with her and told her what she needed to correct, and strongly advised her to hire an attorney.

But check PACER every day. I have seen posters here on the forum tell about their 341s being continued, then the next thing they know is that their case shows up on PACER with the 341 marked as 'having been held' and all of the other language that goes along with a completed 341.

I hope this helps for now. Good luck.

[welovedis]

I don't have my Ch7 book at hand right now, so what I will be saying is more or less a guess. Here goes:

At this point, I am thinking that your 341 being continued as it has, is being treated as though it actually has NOT happened yet. The reason I say this is because when we attended our 341, the lady that was in line ahead of us had hers continued. She was trying to do it pro se, and had so many things wrong--including the name on her photo ID (Driver's License) and SS cards did not match her current name. There had been a divorce. The trustee continued her 341 to the next month, and essentially treated it as though it never happened. He was very patient with her and told her what she needed to correct, and strongly advised her to hire an attorney.

But check PACER every day. I have seen posters here on the forum tell about their 341s being continued, then the next thing they know is that their case shows up on PACER with the 341 marked as 'having been held' and all of the other language that goes along with a completed 341.

I hope this helps for now. Good luck.

Ok thanks for the help. I checked on Pacer and the original 341 date (12/11/08) says "341 Meeting of Creditors continued" and then further down on 01/06/09 it says "341 Meeting of Creditors held". So you think the 10 days is from 1/06/09?

Our status reads "Awaiting Discharge" Time in Status "6 days".

[Help!]

I second ACat's opinion. I can't find any references for it, but I'm quite sure "first meeting of creditors" = first scheduled hearing. Discharge is 60 days after the "first meeting of creditors", and that takes place at the 60 day mark from the first scheduled hearing (regardless of whether or not the meeting is continued).

[Lajazz947]

I second ACat's opinion. I can't find any references for it, but I'm quite sure "first meeting of creditors" = first scheduled hearing. Discharge is 60 days after the "first meeting of creditors", and that takes place at the 60 day mark from the first scheduled hearing (regardless of whether or not the meeting is continued).

Sorry for the silly question. Maybe it has been answered,

As you may know my hearing was continued to 2/12/09 after todays hearing.

Am I in the 60 day club as another poster mentioned?

I sure hope so.

[Help!]

Yes, Lajazz, the 60 day clock is ticking for you. It sounds like it will be complicated, but every day you're one day closer.

[HHM]

A better place to possibly find the answer would be in the Bankruptcy Rules of Procedure (and ideally your districts LOCAL rules). Sometimes the BRP will alter these deadlines to meet the practical realities of the district.

But generally speaking, nearly all deadlines that are based off the 341 meeting are based of the "First Date Scheduled", thus, a continuance usually has not effect.

[dingdong]

HI, I was reading the Federal Rules of BK Procedure last night and had a page up on my screen so I thought I would just post the link in case you needed it.

Here it is. Happy reading!

http://www.law.cornell.edu/rules/frbp/rules.htm#Bankruptcycode

[welovedis]

So is the consensus of you all that the 10 day window is expired for the UST to file presumption of abuse?

[HHM]

So is the consensus of you all that the 10 day window is expired for the UST to file presumption of abuse?

But it really does not matter, so long as the UST shows good faith, they can pretty much file it any time.

[Lajazz947]

Yes, Lajazz, the 60 day clock is ticking for you. It sounds like it will be complicated, but every day you're one day closer.

Thanks, 59 days and counting.

I just finished putting together everything for the US Trustee this morning so I will have it to my attorney soon.

Thanks again.

[welovedis]

But it really does not matter, so long as the UST shows good faith, they can pretty much file it any time.

Ok I didn't realize that aspect, I need to read the links more closely. So I guess we'll just sit and wait to see when/if they do file. We have docs to back everything up.

Guess it was wishful thinking that after 10 days I could (somewhat) breathe a sigh of relief and actually get some sleep at night.