Creditor Objections to dischargeability of debt to them

[inhocknow]

Hello folks, thanks for all of your help. I have a question. Generally when a creditor disputes to the dischargeability of your debt to them, how soon after the 341 meeting do they contact you or your lawyer? I know they have 60 days but I'm talking generally. Is it usually within the first 20 days or so? Thanks for all of your great and fantastic help folks.

[magyar123]

Any time after that 60th day.

[HHM]

It depends on the creditor and whether you are rural or urban, the MAJOR credit cards will tend to make contact with in the span of 10 days before the 341 to 30 days after the 341. (but some people on this forum had an objection filed within 5 days of the expiration date).

[inhocknow]

Any time after that 60th day.

If they do it after the 60th day, then its considered an invalid objection? Thanks for your help.

[BurgerKingVII]

It depends on the creditor and whether you are rural or urban, the MAJOR credit cards will tend to make contact with in the span of 10 days before the 341 to 30 days after the 341. (but some people on this forum had an objection filed within 5 days of the expiration date).

Does the attorney for an objecting creditor typically file a notice of appearance with the court before threatening to object or filing an adversary complaint? I'd think that an objecting creditor would do this so they'd receive service copies of all filings in the case, but since I don't practice BK law, I haven't been in this situation before.

Similarly, is it pretty much a given that a creditor who intends to object will show up at the 341 so they can essentially take a mini-deposition of the debtor for free? Again, the intuitive answer would seem to be yes, but BK law can be a strange thing.

[HHM]

Does the attorney for an objecting creditor typically file a notice of appearance with the court before threatening to object or filing an adversary complaint? I'd think that an objecting creditor would do this so they'd receive service copies of all filings in the case, but since I don't practice BK law, I haven't been in this situation before.

Similarly, is it pretty much a given that a creditor who intends to object will show up at the 341 so they can essentially take a mini-deposition of the debtor for free? Again, the intuitive answer would seem to be yes, but BK law can be a strange thing.

Typically that is what happens, the filing of the Notice of Appearance is the proverbial "shot across the bow" and is usually filed before a creditor's attorney gets involved. And your right, it is "best" practice for the creditor's attorney to show up at the 341 for a free shot at the debtor to assess the strength of the possible objection. However, I don't think filing a NOA is required before filing an objection as the objection can represent the initial appearance.

In larger districts, the above scenario is more the rule, but in smaller districts the practice is more hit or miss.

[BurgerKingVII]

Thanks for the info. My 341 is in a few days, and absolutely nothing has been filed in my case aside from the routine documents that get filed at the start of any BK7. Similarly, no creditors have contacted my lawyers. My hope is that "no news is good news," and that nobody shows up at the 341. This is a large, urban district, and I have no doubt that all the major creditors have attorneys in this city to handle objections and the like.