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? about 60 days for objections

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    ? about 60 days for objections

    Well just checked PACER today and here is the latest entry.

    Meeting of Creditors Held and Concluded on 4/9/08. Trustee's Report of No Assets: Trustee of this estate reports and declares under penalty of perjury that the section 341a Meeting of Creditors has been held and certifies that the trustee has performed the duties required of a trustee under 11 U.S.C. 704 and has concluded that there are no assets to administer for the benefit of creditors of this estate. The trustee received no funds or property of the estate and paid no monies on account of the estate. Wherefore, the trustee prays that this report be approved and the trustee be discharged from office. (Entered:05/05/2008)

    I think this is a good thing. I hope this puts me into the 60 day waiting phase. My question about the 60 days is. When are the 60 days supposed to start? My 341 was 04/09/08 but PACER states pending status awaiting discharge time in status 10 days. I would have thought it started the day after the 341.

    #2
    Yes, that is a very good sign, especially since the trustee is requested to be discharged from the case...you case is basically done.

    I would worry about it too much, agonizing over the objection period will drive you crazy.

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      #3
      I also had this same exact verbiage in Pacer.

      I, myself was wondering when this so called 60 day clock started. Does it start the date of the filing? I don't seen anymore dates on the paper I received from the bankruptcy clerk. Other than the date for the 341 and the discharge date which are 60 days apart.

      Can anyone answer this ?????????
      Filed 3/21/2008
      Meeting of Creditor 4/28/2008
      Deadline for objections 5/28/2008
      Discharge date 6/27/2008

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        #4
        The 60 day period starts with the first scheduled 341 meeting.

        If the case is pretty straighforward then some trustees go ahead and post their findings, however the clock still has to run out. I wouldn't worry about it as lrprn says. Your pretty much done once that report is in unless something major comes up and that's only likely if you tried fraud and the trustee discovers it.
        May 31st, 2007: Petition Filed by my lawyer
        July 2nd, 2007: 341 Meeting Held
        September 4th, 2007: Discharged and Closed.

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          #5
          Generally speaking, when a statute has a deadline that is based off a date of a certian event, you usually don't count the date of the event.

          So, when you have 60 days from the date of the first 341 meeting...blah blah blah, day 1 of the countdown is the day after the 341 meeting.

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            #6
            IF there are any objections in the final days of your 341 then I would definitely insist that the period started the day after your 341.

            But if there are no objections, then "no harm, no foul", no problem.
            <<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!!!

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