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Need Help !! Adversary Proceeding Pre-Trial Next Week !

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  • jblu83
    replied
    I did NOT count the 341 meeting date which was the 18th of August .... And still it is 61 days...... My wife and I filed ch. 7.... How do you know if it is an asset or no asset case ? We have an attorney...

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  • AngelinaCat
    replied
    That SHOULD be the magic date, but without further information it will be hard to tell. For instance, was your case declared an Asset case, and the date for Creditors to Object, extended? That happened to us. Also, did you file Ch7 or Ch13? Do you have an attorney? Answers to all of these questions will help the members in forming their answers/suggestions.

    As far as PACER, check the various Stickies on the boards about how to log in and use that service.

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  • HHM
    replied
    You will need to double check PACER.

    Your instinct is correct, the objecting party has 60 days from the date of the first scheduled 341 meeting to object to discharge. Note you don't count the date of the 341 meeting in that calculation. You will want to make sure there was no request to extend time. However, some jurisdictions are very lenient on this issue. Also, the objecting party has up until 11:59pm to file on the last day.

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  • Need Help !! Adversary Proceeding Pre-Trial Next Week !

    Adversary Proceeding (Pre-Trial Hearing) Next Week ! Let me give you some background information.

    1. Filed Bankruptcy July,20 2010.

    2. Meeting Of The Creditors August 18th,2010.

    3. Jurisdiction: State of Florida

    4. Adversary Complaint Filed October 18th,2010. ?

    Thats right ! Do the math. 61 Days from the creditors meeting. I just discovered this evening. I do however need to know, how to discover the exact date that the Adversary complaint was filed. The date that is on the complaint is dated October 18th,2010. I know you can check on Pacer but I can not log-in ! I am writing this pretty late in the evening 10:13pm EST. The reason I believe that the Adversary Complaint was filed October 18th,2010 is because this is the date on the official complaint. My question is : Is this the magic date ?

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