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    When is my 60 days up?

    Can't figure when my 60 days is up? Here are the details.

    341 meeting-7/29...terminated..last day oppose discharge is 9/27
    Continuance of meeting of creditors scheduled-8/12...does not show as satisfied or terminated on pacer
    Motion to dismiss presumed abuse letter-8/6
    Motion to dismiss for presumed abuse deemed inappropriate-9/7
    UST asked for more documents this week.
    Pacer still shows last day to object to discharge as 9/27
    Also, on pacer it under pending statuses, it shows begin date as 8/9 and time in status as 39 days. Under status set by heading it shows meeting of creditors concluded on 7/29, but filed and entered on 8/9.
    I am totally confused on the timeline now

    So I have 2 questions:
    1. Why doesn't the continuance of meeting of creditors show as satisfied or terminated on pacer?

    2. Is my 60th day still 9/27?

    Any clarification would be appreciated.
    Last edited by garyp15; 09-17-2010, 09:51 AM.

    #2
    Don't worry about the "schedule" on PACER. It is hardly ever accurate. It is used by the clerk's office for scheduling things. If you filed pro se, just call your Case Manager and ask why the dates haven't updated. Otherwise, don't worry about them. If your last date to file a complaint is 9/27/2010, then that's your last date.

    The last date to file a complaint to determine dischargeability is 60 days from the first scheduled 341 Meeting. That's why your complaint date is set to 9/27/2010. This is the "magic" 60-day period. However, it can be extended upon a showing of cause by the Trustee, UST and/or creditors.

    Are you pro se?
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Originally posted by justbroke View Post
      Don't worry about the "schedule" on PACER. It is hardly ever accurate. It is used by the clerk's office for scheduling things. If you filed pro se, just call your Case Manager and ask why the dates haven't updated. Otherwise, don't worry about them. If your last date to file a complaint is 9/27/2010, then that's your last date.

      The last date to file a complaint to determine dischargeability is 60 days from the first scheduled 341 Meeting. That's why your complaint date is set to 9/27/2010. This is the "magic" 60-day period. However, it can be extended upon a showing of cause by the Trustee, UST and/or creditors.

      Are you pro se?
      Thanks for the response justbroke...No I am not pro se....but it is tough to get definitive answers from my attorney. Our intitial 341 was 7/29, so I suppose the 9/27 stands as the magic 60. Since the UST requested more documents this week, she is probably digging for an extension...I sure hope not.

      Comment


        #4
        The deadline to pay closest attention to is the last day for creditors to object to your discharge. Regardless of any other issues or holdups in your case, creditors are given a certain amount of time to object. So assuming 9/27 passes uneventfully, you can then turn your focus to clearing up the UST issues.

        In my district, the 60 day countdown to discharge began when the trustee filed his "no asset" report, which happened about a week after my 341. Don't sweat it if you are not promptly discharged at Day 60, though. 60 days is just a minimum time in status. Many seem to be waiting 90 or more.
        4/2010 - Filed Chapter 7 no asset case w/car reaffirm
        5/2010 - 341 meeting, no creditors present
        10/2010 - Reaffirm finally approved and case discharged the same day

        Comment


          #5
          The Trustee only has until the 60-day to file a complaint to determine dischargeability as well. (The only exception is for actual fraud). So, the 60-day date is your safe-harbor for receiving a discharge. While the discharge may not come immediately at day 61, you are safe unless there was fraud committed.
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

          Comment


            #6
            Thanks for all the good info..I guess I'll just hold my breath a bit longer.

            Comment

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