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60 days after 341 - what if 60th day falls on weekend?

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    60 days after 341 - what if 60th day falls on weekend?

    My 60th day falls on Saturday. Does that mean that creditors could still object or anything else could go wrong up until the following Monday, or is "60 days" 60 days regardless? i.e.; they'd have to file before the 60th day which is Saturday?
    <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
    FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

    #2
    My 60 days was technically up on Sunday, but the BK notice to creditors listed the following Monday as the deadline. I'm not sure if this practice varies by district.

    Comment


      #3
      Pa, Does pacer tell you that your last day for objections date is a Saturday? i have heard others here talk about their date being pushed off until a Monday... but not sure if your Pacer/case actually states your last date is a saturday. Maybe ask your atty about this and how it is handled?
      Filed 9/1/07 :beee: 341 mtg 10/11/07 :angel:
      Trustee declared no asset 10/17/07 :yes2:
      Last day for objections 12/10/07 :unsure:
      Discharge!! 1/14/08 :clapping: :yahoo: Closed!! 1/17/08 :blink:

      Comment


        #4
        Hey Pa:

        Glad to see that you finally filed - I remember seeing lots of posts from you in August, Sept, Oct....

        Anyway, once your last day to object passes, wait a couple of days to see if your discharge posts in PACER. If not, call the BK courthouse where you had your 341 and ask them when you can expect the discharge to be entered.

        Of course, be VERY NICE. The people who work at these places are not always so friendly, so gotta be nice as you can be.

        I called about 3 days after my last day, they said "everything looks ok", and I asked if the discharge would happen in the next few days, the woman said "I think so, but they are backed up" or something like that. I hung up, checked PACER about 3 hours later and the discharge was entered!

        Good luck and let us know.
        Filed Business Chapter 7: 7/11/07
        341 Meeting: 8/8/07 Asset Case
        US Trustee reviewed case/resolved 9/14/07
        Discharged: 10/11/07 Closed: 11/2/08

        Comment


          #5
          My discharge is scheduled for Jan. 19th which is a Saturday and Pacer shows the last day for objections as Jan. 19th. Plus the
          BK notice to creditors listed Jan. 19th as the deadline.

          The following Monday is Martin Luther King Day so I am guessing that if Saturdays and Holidays don't count - I will have to wait until that Tuesday but I thought that 60 days meant 60 days.
          Filed Ch 7 pro se - 10/03/07
          341 Meeting - 11/20/07 (No Distribution)
          Discharged & Closed - 01/22/08 :yahoo::yahoo::yahoo:

          Comment


            #6
            Originally posted by ohwellwhatever View Post
            Pa, Does pacer tell you that your last day for objections date is a Saturday? i have heard others here talk about their date being pushed off until a Monday... but not sure if your Pacer/case actually states your last date is a saturday. Maybe ask your atty about this and how it is handled?
            It says under Deadlines/Hearings: "Objection to Discharge Due" Feb. xx which is a Saturday. That's why I asked. No big deal, but I'd prefer to know. Maybe I'll ask my attorney. But as you may recall, he isn't very good about returning calls even with Important questions.
            <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
            FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

            Comment


              #7
              Does anyone know the real answer to all of this? Do weekends and holidays count? It wouldn't be so great if they didn't

              Comment


                #8
                Originally posted by inseriousdebt View Post
                Does anyone know the real answer to all of this? Do weekends and holidays count? It wouldn't be so great if they didn't
                Weekends and holidays count as your 60 days for sure. All we're asking about here is whether the weekend or holiday counts as your LAST days. Some have said that if your last day falls on a weekend they carry it over to Monday but that doesn't make sense to me. If weekends and holidays count the rest of the 60 days (as they do) then why not the last weekend as well?

                But then, many things about the bankrutpcy laws do not make sense...
                <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
                FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

                Comment


                  #9
                  The way I understand it is they can file the objection electronically on the weekend but you may not see it until monday because the clerk has not had a chance to enter it in
                  Sometimes life make you deal with ugly and hateful people ,just think of them as sand paper. They may scratch you and rub you the wrong way but eventually you end up smooth and polished and the sand paper becomes old and worn out.

                  Comment


                    #10
                    Originally posted by familyof7 View Post
                    The way I understand it is they can file the objection electronically on the weekend but you may not see it until monday because the clerk has not had a chance to enter it in
                    Okay that makes sense.

                    60 days is sufficient time to make an objection. Week-ends and holidays should count as the last day.
                    Filed Ch 7 pro se - 10/03/07
                    341 Meeting - 11/20/07 (No Distribution)
                    Discharged & Closed - 01/22/08 :yahoo::yahoo::yahoo:

                    Comment

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