Announcement

Collapse

Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as BKForum.com and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do:
BKFORUM.com (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto BKForum.com you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.


Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of BKforum.com.

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on BKForum.com are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

Motion to extend time

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Motion to extend time

    Hi you guys,

    I've been reading through posts on the subject and I'm confused. If the trustee files a motion to extend time to object to debtor's exemptions, is it possible to receive a discharge before the extension runs out? I'm in the Florida Middle District.

    Thanks,

    SG

  • #2
    In that case, the discharge would not come until after the time to file motions is exhausted.
    Filed pro se, made it through the 341, discharged, Closed!!!

    Comment


    • #3
      Hi Sunshine,

      Federal BK rule 4004(c)(1)(e) = no discharge until the time extension is over.

      Middle Florida..? Some horror stories coming out of your neighborhood....

      Hope it all goes smoothly for you!

      Tom in Colo
      Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

      Comment


      • #4
        Thank you! My paralegal told me the same thing but I had a moment of panic about the reaffirmation agreements.

        Yep...FL is a ton of fun.

        Comment


        • #5
          No. You read the original post wrong. It asked if a discharge would be delayed if the Trustee filed a Motion to Extend the Time to Object to a Claimed Exemption, not a Motion to extend the 523 or 727 deadline which is what Rule 4004(1) applies to.

          Rule 4003 requires an objection to an exemption be filed within 30 days of the 341 or within 30 days of filing an amendment to Schedule C, whichever is later. The Rule allows for an extension but only "for cause" and does not mention a delay in the entry of a discharge as the entry of a discharge does not remove the asset from the estate.

          So, in answer to the original question, the entry of the discharge will not be delayed if the Trustee files a motion to extend time to object to the exemption.


          Des.

          Comment


          • #6
            Now I'm really confused. The trustee filed a motion to extend time to object to debtor's exemptions. There is nothing in there regarding discharge. There was an error on the schedules that caused some confusion, it has now been resolved and we *think* it's okay now.

            What happens if our case is discharged before the re-affirmation agreements are submitted? The case is being held open for 2010 tax returns, but it's my understanding the agreements need to be filed before the actual discharge.

            Comment


            • #7
              Thanks for the clarification, Des. I totally read the OP's post incorrectly.
              Filed pro se, made it through the 341, discharged, Closed!!!

              Comment


              • #8
                Originally posted by SunshineGal View Post
                Now I'm really confused.
                Sorry. I did not mean to confuse anyone.

                Originally posted by SunshineGal View Post
                The trustee filed a motion to extend time to object to debtor's exemptions. There is nothing in there regarding discharge. There was an error on the schedules that caused some confusion, it has now been resolved and we *think* it's okay now.
                This is what usually happens. A mistake is made in Schedule C. The Trustee is obligated to protect the Estate's rights in non-exempt property so he either objects or requests an extension. Once the mistake is resolved or the Trustee is given sufficient information to agree with the exemption all is at peace with the world. There was no mention about your discharge because the Trustee was not interested in denying you a discharge (unless you hid assets). He just wanted the exemptions to be correct and, if he was entitled to any non exempt property, the turnover of that property.

                Originally posted by SunshineGal View Post
                What happens if our case is discharged before the re-affirmation agreements are submitted? The case is being held open for 2010 tax returns, but it's my understanding the agreements need to be filed before the actual discharge.

                Nothing should happen.

                First, holding your case "open" does not mean you won't get a timely discharge. What is being held "open" is the administration of the case. That is separate from your discharge. It takes time for a Trustee to administer the case. That is his job. It has no bearing on the entry of the discharge.

                Second, the Reaffirmation Agreement only needs to be fully executed (signed by all parties that need to sign) before the entry of the Discharge. It can be filed after the Discharge is entered so long as it was fully executed before the Discharge. There is an argument that if you are pro se the Judge must hold the Hearing before the entry of the Discharge (meaning the Agreement must be filed before discharge) but that is an extreme minority view.

                Des.

                Comment


                • #9
                  Hi Des,

                  Thank you VERY much for your help.

                  Comment


                  • #10
                    des...it's that extension usually "time-wise" extended from 60 to 90 days or similar??


                    Middle Florida..? Some horror stories coming out of your neighborhood....

                    Hope it all goes smoothly for you!

                    Tom in Colo
                    yes, tom...it's a real ZOO out here...but sunshine..really ours went smooth and many of them do. i think at this point there are "nightmare" situations in every district of every state...florida may seem riddled because of the high percentage of filings...so we may see more posts and questions and situations coming directly from that or our area.

                    i think you will be just fine...but i must say we are seeing the courts tighten up through out the country..i think, maybe because while the old new laws of 2005, set in place to be deterrents...are no longer working best for the banks interests..??? just a passing thought.
                    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                    Comment


                    • #11
                      I think the real "zoo" is coming from the FL exemptions. Back in 2005 you could still buy a car that actually runs for $1K, and your house had gained in equity between the contract and closing date. With the complete destruction of the housing market and the values of everything else going up its creating a ton of issues for us. Then there is the matter of case law and the judges. For instance, some judges allow the super exemption if you are not claiming the homestead, even if you are retaining your house...others don't, and this is within the same court house!

                      Comment


                      • #12
                        Originally posted by SunshineGal View Post
                        I think the real "zoo" is coming from the FL exemptions. Back in 2005 you could still buy a car that actually runs for $1K, and your house had gained in equity between the contract and closing date. With the complete destruction of the housing market and the values of everything else going up its creating a ton of issues for us. Then there is the matter of case law and the judges. For instance, some judges allow the super exemption if you are not claiming the homestead, even if you are retaining your house...others don't, and this is within the same court house!
                        oh i know!! our trustee, well, lets just say she was ok with us...but that's because we had all our ducks in a roll and left no stone left for her to turn over and dig into.

                        i have found down here...it's not so much the actual law, it appears to me, to be more at the discretion of the trustee...to do what they want to do...within the "limits" of the law...scary....i.e. your point on whether one gets the supper exemptions...if you do not claim the homestead...we didn't get that...for certain.
                        8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                        Comment


                        • #13
                          Originally posted by tobee43 View Post
                          des...it's that extension usually "time-wise" extended from 60 to 90 days or similar??
                          I'm not sure which extension you are referencing. In general, a Trustee will request between 30 and 90 day to complete his "investigation" be it for an exemption issue or a 727issue. He can always request additional time but I generally will oppose such a request if it is beyond 90 and my client has fully cooperated. Now, if my client has failed to cooperate I would be withdrawing from the representation.

                          Des.

                          Comment


                          • #14
                            Originally posted by despritfreya View Post
                            I'm not sure which extension you are referencing. In general, a Trustee will request between 30 and 90 day to complete his "investigation" be it for an exemption issue or a 727issue. He can always request additional time but I generally will oppose such a request if it is beyond 90 and my client has fully cooperated. Now, if my client has failed to cooperate I would be withdrawing from the representation.

                            Des.
                            i was referring to the motion to extend time...the motion itself...does it not increase the time which normally would have been 60 days for any creditors to file an ap?? this is for my own clarification...

                            and of course YOU would oppose! but we're talking florida here! it's scary down here!
                            8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                            Comment


                            • #15
                              Originally posted by tobee43 View Post
                              i was referring to the motion to extend time...the motion itself...does it not increase the time which normally would have been 60 days for any creditors to file an ap?? this is for my own clarification...and of course YOU would oppose! but we're talking florida here! it's scary down here!
                              Oh, I see. If the Trustee filed a Motion to Extend the 727 deadline (or a deadline to object to exemptions) that Motion, unless joined by a creditor, should only apply to the Trustee. If I was really concerned over a creditor jumping on the bandwagon, I might want to file a limited objection to make sure the Order approving the Motion only applied to the Trustee. However, I have never had a problem with a Trustee's Motion applying to all creditors.

                              Des.

                              Comment

                              Unconfigured Ad Widget

                              Collapse
                              Working...
                              X