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

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341 is resheduled because trustee has jury duty - does this change discharge date?

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  • 341 is resheduled because trustee has jury duty - does this change discharge date?

    I found out in a voice mail that my 341, which was scheduled for next week, has been rescheduled for the end of July. This means the 341 will be held over 70 days from when I originally filed for a ch7. Apparently, the trustee has jury duty.

    What does this do to a discharge timeline? Is it 60 days from the originally scheduled 341, or 60 days from the newly scheduled 341? What about the deadline to object to my case as a presumption of abuse? I'm over the median for income in a chapter 7 and have high expenses.

    Also, shouldn't this change in 341 be reflected on pacer? I don't see anything. Nothing new has been filed and when I click on the docket report, it still has the old date.
    Chapter 7, above median, no asset. Discharged with no UST involvement.

  • #2
    I've been searching on google and I keep seeing references to things like

    Until 60 days after the first date set for creditor's meeting under ยง 341, the U.S. Trustee or the court may move to dismiss a case in which debts are primarily consumer debts if it finds that the granting of relief would be a substantial abuse of the provisions of Chapter 7.
    So, even though my 341 has been rescheduled by the trustee, the first date is what matters?
    Chapter 7, above median, no asset. Discharged with no UST involvement.


    • #3
      I believe that the date of the first 341, is the one that applies, but I am not 100% sure. That is why I did not respond before.

      Justbroke or Despritfreya will be the ones best able to advise.

      In our case, our discharge date post 341, should have been about April 15 or so. When our case was ruled to be an Asset Case, the trustee 'enlarged the amount of time for creditors to file claims' and it extended our discharge date until sometime in June.
      "To go bravely forward is to invite a miracle."

      "Worry is the darkroom where negatives are formed."


      • #4
        So the voice mail they left me said July. I finally got a return email from the paralegal and he said that it's indeed been rescheduled, but for only one week later and still in June. The person who called me gave me the wrong date, and she even repeated it twice in the voicemail.

        He also said that the trustee finally filed the change so it's on pacer now, which it is. I much, much prefer having something in writing (like on pacer) so there's no mistakes like this. If I had just gone by what they told me, I'd have been late to my 341 by a month. I'm not sure how much a trustee would care that I could provide a voicemail that gave me the misinformation.

        Anyway, this is only a 1 week delay so I'm not going to stress too much about the 60-day mark. I can wait out 67 days if need be.
        Chapter 7, above median, no asset. Discharged with no UST involvement.


        • #5
          Yes, it's 60 days from the original 341 date. But, the trusee could file for an extension saying he/she needs more time to review your documentations. Remember that the 60 days is not a discharged date. Depending on the local court procedures, the discharge usually comes soon after that date, but you shouldn't worry if you don't receive a discharge on day 60.
          LadyInTheRed is in the black!
          Filed Chap 13 April 2010. Discharged May 2015.
          $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


          • #6
            I am surprised that your trustee did not have an alternate or sub to fill in for them, that's what happened to me.


            • #7
              I would have thought there would be a fill-in too. Having it rescheduled at the last minute really put me in a bind for work, but c'est la vie.
              Chapter 7, above median, no asset. Discharged with no UST involvement.


              • #8
                Your discharge date is "relative" to the FIRST date set for your 341 Meeting of Creditors. The real term for the deadline that happens 60 days after the first schedule 341 Meeting is known as the dischargeability bar date. If the 341 Meeting is moved or continued, then that does not affect the dischargeability bar date. The dischargeability bar date is that magic 60 days after the first scheduled 341 Meeting. That is the last day that creditors and the Trustee has to file a complaint to except a certain debt (for a single creditor) from discharge or the entire discharge. The creditor and/or the Trustee could extend the date if they have reason (a good reason). In this case, the Trustee is typically the Office of the United States Trustee (UST).

                The UST is charged with overseeing the program and is responsible for dismissing cases where there is abuse or the debtor is not "deserving" of a discharge in a Chapter 7.
                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

                I am not an attorney. Any advice provided is not legal advice.


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