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30 day deadline

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  • 30 day deadline

    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.
    Can anyone tell me if this means a "No Distribution" will show up in PACER on or prior to the 30 day deadline? Can I breathe a sign of relief if there is nothing in PACER at that time? Also, does the filer receive a mailed notice of the trustee reports, or should I just be checking PACER to keep up?

    Just curious because I have two days left until the 30 day deadline and still nothing in PACER nor from my attorney. My case is unchanged since the 341 meeting, with "MEANSNO" and "NO ASSET" indicators; the 341 meeting is still also listed as "pending". The trustee questioned one of my listed exemptions at the 341 but there's been radio silence about it since then, other than me providing my lawyer with additional info on the value of the asset & him telling me the trustee will look into it and we just have to wait for the decision. I don't want to get my hopes up that I'm in the clear if PACER is unchanged in 2 days if there is the chance that something could still come up.

    Yes, I'm freaking out.

  • #2
    Originally posted by boomboom View Post

    Can anyone tell me if this means a "No Distribution" will show up in PACER on or prior to the 30 day deadline? Can I breathe a sign of relief if there is nothing in PACER at that time? Also, does the filer receive a mailed notice of the trustee reports, or should I just be checking PACER to keep up?

    Just curious because I have two days left until the 30 day deadline and still nothing in PACER nor from my attorney. My case is unchanged since the 341 meeting, with "MEANSNO" and "NO ASSET" indicators; the 341 meeting is still also listed as "pending". The trustee questioned one of my listed exemptions at the 341 but there's been radio silence about it since then, other than me providing my lawyer with additional info on the value of the asset & him telling me the trustee will look into it and we just have to wait for the decision. I don't want to get my hopes up that I'm in the clear if PACER is unchanged in 2 days if there is the chance that something could still come up.

    Yes, I'm freaking out.
    It depends on WHERE in PACER. I had the same problem. There are several pages in PACER that never seem to update... Scared me too.

    Comment


    • #3
      I'm going to assume that your 341 meeting was completed and not merely continued, or rescheduled. If so then the 30 days started from the day of the hearing and if no objections then your exemptions are assumed valid as you stated them if you stated them accurately. If the 30th day is on a day the courts are closed you must wait until a day has passed where they were open. Once that is done then as far as exemptions go you should be in the clear. My Pacer never showed the meeting completed and adjourned. When the trustee filed the report of no distribution that automatically changed the status to awaiting discharge .my case was discharged on 3/21 and closed a few days later .

      Remember creditors and trustees have 60 days from the meeting to object to certain other parts of your case.

      If your meeting was continued then the 30 days does not start until your meeting is completed. Your 60 day deadlines would all remain the same, from your first meeting.

      Comment


      • #4
        Originally posted by Nodebtrenton View Post
        I'm going to assume that your 341 meeting was completed and not merely continued, or rescheduled. If so then the 30 days started from the day of the hearing and if no objections then your exemptions are assumed valid as you stated them if you stated them accurately. If the 30th day is on a day the courts are closed you must wait until a day has passed where they were open. Once that is done then as far as exemptions go you should be in the clear. My Pacer never showed the meeting completed and adjourned. When the trustee filed the report of no distribution that automatically changed the status to awaiting discharge .my case was discharged on 3/21 and closed a few days later .

        Remember creditors and trustees have 60 days from the meeting to object to certain other parts of your case.

        If your meeting was continued then the 30 days does not start until your meeting is completed. Your 60 day deadlines would all remain the same, from your first meeting.
        Thank you The trustee did question the value of one of my exemptions during the 341, however, he never filed anything with the court to continue or reschedule. My lawyer provided the trustee additional info on the exemption in question and since then there have not been any updates. I did call my attorney and he confirmed that he has not received any objection to assets or motion to extend the deadline and he said we're just waiting for the 60 day deadline now. I'm not worried at all about the discharge....I've been on pins and needles waiting to hear if the trustee would challenge my exemption though, as it is intellectual property.

        If the 341 was continued, the trustee would have had to file something to officially do that by the 30 day deadline, right? From what I understand, my attorney talked with the trustee 'behind the scenes' about the specific exemption, and my attorney told me the trustee has a "guy" who does appraisal for odd assets and will tell the trustee if he thinks the value is different than what we listed exempt and if it is worth/possible to sell. Even with that going on, the deadlines are still in place, I believe, and he had to either motion for more time or object to the exemption?

        I hope I'm in the clear, but I guess I won't be convinced until I see a RND. PACER still shows the 341 "pending" and the only additional docket entry is from my completion of the final credit counseling.

        Comment


        • #5
          Originally posted by david1971 View Post

          It depends on WHERE in PACER. I had the same problem. There are several pages in PACER that never seem to update... Scared me too.
          Yes! PACER drives me bonkers. I have this fear of things popping up retroactively. ugh.

          Comment

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