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Creditor filed Non-discharge motion 61 days after 341 hearing

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    Creditor filed Non-discharge motion 61 days after 341 hearing

    What should I do? My 341 hearing date was March 10th. The creditor filed a non-discharge motion on May 10th. Since there's 31 days in March, May 10th is actually 61 days from my 341 hearing date. May 10th is also the deadline specified on the bankruptcy form, but that seems like a mistake.

    So, is it up to the creditor to file on/by the 60th day? Even if the court gives the wrong day for the 60th day? Note that I am in a state where they can file everything electronically 24 hours a day, so they could have submitted it over the weekend and still be in compliance with the 60 day rule.

    If the creditor is in the wrong with the 61st day rule, what do I do now?

    Thank you.

    #2
    If the deadline would normally fall on a Saturday, Sunday, or federal holiday, it is automatically extended to the next non-holiday weekday. The 341 was on March 10, 60 days would be May 9, which was a Sunday.
    C7 Filed: 2009-11-06 | 341: 2009-12-14: | DISCHARGED: 2010-02-09
    Condo: Walked away due to 2nd mortgage intransigence; 1st foreclosed. Now totally DEBT FREE!!

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      #3
      Yes, this is correct. If the 60th day falls on a weekend, they get until that Monday....so they were allowed to do that, as ridiculous as it is...

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