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Hope this helps all ----- 3 Deadlines to Sweat Out after Your 341

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  • Hope this helps all ----- 3 Deadlines to Sweat Out after Your 341

    I found this information in BANKRUPTCY FOR DUMMIES and figured I'd share it with the crew.

    There seem to be 3 DEADLINES TO SWEAT OUT AFTER YOUR 341.

    ================================================== =

    WITHIN 14 DAYS AFTER YOUR 341 HEARING (Changed from 10 days to 14 days in 2010.)
    The US Trustee must file a statement with the court as to whether or not you passed or flunked the Means Test. If the Trustee thinks you flunked the Means Test, within 30 days of filing this statement, he/she can ask the Court to dismiss your case.

    30 DAYS AFTER THE 341 MEETING CONCLUDES
    The 30th day is the last day for the Trustee or any Creditor to object to your claims of any personal property. If you have properly listed the asset, you are in the clear after that time. But if you have to amend an exemption claim, the 30 day clock restarts from the time you file your amendment.

    60 DAYS AFTER THE 341 HEARING
    The 60th day is the deadline for creditors to claim that certain types of debts - most notably credit cards and nonsupport marital obligations - should not be wiped out. If the creditor fails to file in time, it's too late (for them) and you are home free. The same deadline applies to any claims that your discharge should be denied altogether because of serious misconduct. Either the Trustee or a Creditor could file for this denial (but it is unlikely to occur unless you have serious misconduct.)

    =======================================

    I hope this helps everyone. I found this because I have been awaiting my first hurdle - the 10 day deadline - and nothing positive or negative was posted in PACER - and it will be 14 days tomorrow. I am going to call the court tomorrow (and not the Trustee) and see what was filed, if anything.
    Last edited by AngelinaCat; 01-26-2011, 06:34 PM. Reason: Changed first Deadline from 10 days to 14 days.
    Over Median Income - 10/04/10--Filed Pro Se Chap 7/ No Assets 11/10/10--341 Held 01/18/11-- No Distribution/No Funds 01/19/11--Not subject to dismissal under 521(i)(1) AND --Reaffirmation Hearing Held = APPROVED 02/10/11--Discharged

  • #2
    Thanks for the great info, gman!!

    Crossing my fingers, toes and all other crossable body parts that you get good news tomorrow!!!
    ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
    Not an attorney - just an opinionated woman.

    Comment


    • #3
      Yes, gman. Thank you for posting this. I will make it a sticky.

      Happy Thanksgiving!
      "To go bravely forward is to invite a miracle."

      "Worry is the darkroom where negatives are formed."

      Comment


      • #4
        Thanks so much for this information now i count down my 341 Dec 30th 2010.
        Refurbished computers starting at $254.00
        http://www.electronixrus.com

        Comment


        • #5
          hey thanks, this is great!

          Comment


          • #6
            when we count 10 days or 30 days or 60 days, holidys are included or we count business days only. My 341 was on 22 Nov, so today is thanksgiving how many days i count now?

            Comment


            • #7
              gman - thanks for the tips! You filed pro se, correct? I just started that journey last week. Feel free to post any other helpful tidbits!
              Filed Ch 7 Pro Se 11-18-2010 341 Meeting 12-16-2010 Discharged 2-15-2011
              New Job 7-2011

              Comment


              • #8
                I like this thread. The one thing that doesn't happen necessarily is 60 days after the 341 you are discharged. I was expecting this, but it looks like it will be at least 90 days or more.

                Comment


                • #9
                  Originally posted by chicagoannie View Post
                  gman - thanks for the tips! You filed pro se, correct? I just started that journey last week. Feel free to post any other helpful tidbits!
                  Top tidbits on filing pro se.

                  1. Attend some 341 hearings in your area if at all humanly possible. I spent a few hours and watched 35 cases run through. I also had conversations with some debtors there as well. This helped tremendously, not only to see what the process was like (as every TRUSTEE is different) but also gave me peace of mind because I came in prepared.

                  2. Liquidate everything in your savings / checking and start using money orders to pay all bills. Why? Well, I made the mistake of having some funds in my count deposited AFTER I filed and my credit union froze them. Thankfully I got them to unfreeze them within 48 hours....but it was an unnecessary mess.

                  3. Download a free copy of BEST CASE Chapter 7 bankruptcy software so you can run any scenarios you need to before your final filing. Note a free copy does not allow you to print out your paperwork....you will still need to fill this in on the side.

                  4. Contact the clerk in your district to get any specific forms that your local court uses. They were very helpful.

                  5. Read up on reaffirming home and car debts. Too lengthy to list the pros and cons here.

                  6. Understand at day's end - Chapter 7 cases are not "money makers" for the Trustees, so you want to make sure you are not the nail that sticks out of the wood. If your case is simple and straightforward...you will fly through as there is literally no profit incentive for them to scrutinize your case.

                  7. When in doubt - call a lawyer or two or three and pick their brain. I found that some knew the law...while some shockingly did not. Even better, the people in here live and breathe issues every day. This forum was simply a life saver for me.

                  I could write a book....but these would be my main ones....

                  Best of luck.
                  Over Median Income - 10/04/10--Filed Pro Se Chap 7/ No Assets 11/10/10--341 Held 01/18/11-- No Distribution/No Funds 01/19/11--Not subject to dismissal under 521(i)(1) AND --Reaffirmation Hearing Held = APPROVED 02/10/11--Discharged

                  Comment


                  • #10
                    Originally posted by helpme2010 View Post
                    I like this thread. The one thing that doesn't happen necessarily is 60 days after the 341 you are discharged. I was expecting this, but it looks like it will be at least 90 days or more.
                    60 days is the final date the trustee and/or creditors can OBJECT to your case....not the date it is DISCHARGED.

                    As you have found - the DISCHARGE can be more than 60 days. The simple / uncontested cases are usually discharged within 1 week of the 60 day deadline.
                    Over Median Income - 10/04/10--Filed Pro Se Chap 7/ No Assets 11/10/10--341 Held 01/18/11-- No Distribution/No Funds 01/19/11--Not subject to dismissal under 521(i)(1) AND --Reaffirmation Hearing Held = APPROVED 02/10/11--Discharged

                    Comment


                    • #11
                      Originally posted by broken01 View Post
                      when we count 10 days or 30 days or 60 days, holidys are included or we count business days only. My 341 was on 22 Nov, so today is thanksgiving how many days i count now?
                      holidays, weekends, etc ARE INCLUDED
                      Over Median Income - 10/04/10--Filed Pro Se Chap 7/ No Assets 11/10/10--341 Held 01/18/11-- No Distribution/No Funds 01/19/11--Not subject to dismissal under 521(i)(1) AND --Reaffirmation Hearing Held = APPROVED 02/10/11--Discharged

                      Comment


                      • #12
                        Originally posted by gman View Post
                        Top tidbits on filing pro se.

                        1. Attend some 341 hearings in your area if at all humanly possible. I spent a few hours and watched 35 cases run through. I also had conversations with some debtors there as well. This helped tremendously, not only to see what the process was like (as every TRUSTEE is different) but also gave me peace of mind because I came in prepared.

                        2. Liquidate everything in your savings / checking and start using money orders to pay all bills. Why? Well, I made the mistake of having some funds in my count deposited AFTER I filed and my credit union froze them. Thankfully I got them to unfreeze them within 48 hours....but it was an unnecessary mess.

                        3. Download a free copy of BEST CASE Chapter 7 bankruptcy software so you can run any scenarios you need to before your final filing. Note a free copy does not allow you to print out your paperwork....you will still need to fill this in on the side.

                        4. Contact the clerk in your district to get any specific forms that your local court uses. They were very helpful.

                        5. Read up on reaffirming home and car debts. Too lengthy to list the pros and cons here.

                        6. Understand at day's end - Chapter 7 cases are not "money makers" for the Trustees, so you want to make sure you are not the nail that sticks out of the wood. If your case is simple and straightforward...you will fly through as there is literally no profit incentive for them to scrutinize your case.

                        7. When in doubt - call a lawyer or two or three and pick their brain. I found that some knew the law...while some shockingly did not. Even better, the people in here live and breathe issues every day. This forum was simply a life saver for me.

                        I could write a book....but these would be my main ones....

                        Best of luck.
                        Gman - Thanks so much for taking the time to post these tips. I am on track with most of them but never heard of the Best Case Ch 7 software so I will check that out. I really think my case is very simple and straightforward - absolutely no assets. I rushed to file, tho, due to impending utility shut off, so I am hoping any errors I may have made are easy for me to fix and the Trustee does not get annoyed.
                        Filed Ch 7 Pro Se 11-18-2010 341 Meeting 12-16-2010 Discharged 2-15-2011
                        New Job 7-2011

                        Comment


                        • #13
                          Originally posted by helpme2010 View Post
                          I like this thread. The one thing that doesn't happen necessarily is 60 days after the 341 you are discharged. I was expecting this, but it looks like it will be at least 90 days or more.
                          I assume you are referring to discharge. In LA, discharge is considerably longer then 60 days, often up to 120 days or longer in some cases
                          Filed: 9/21/10
                          341a: 10/29/10
                          Report of No Distribution 11/02/10

                          Comment


                          • #14
                            Good info... Thanks for posting

                            BKDude in CO
                            Filed Pro-Se 8/19/2010 - 341 Meeting 9/20/2010 - Notice of no distribution 9/22/2010
                            12/06/2010 !!

                            Comment


                            • #15
                              So exactly how often does someone have an issue after the 341? Specifically if the 341 goes smoothly and the Trustee does not ask anything do people really need to "sweat out" the next 60 days?

                              Comment

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