Why do I have to wait 62 days?

[mike258]

My last day for objections is 62 days after my 341. I just freaking noticed!!

341 date: 7/14/09
last day: 9/14/09

60 days should be 9/12/09.

What the heck is up with that?

[ForumReader]

Not sure why. That is odd. I hope rules are not being changed to extend the number of days to allow creditors to object or issue claims due to an increase number of bk filings?

[justbroke]

My last day for objections is 62 days after my 341. I just freaking noticed!!

341 date: 7/14/09
last day: 9/14/09

60 days should be 9/12/09.

What the heck is up with that?

You're not going to like my answer.

It comes from Federal Rules of Bankruptcy Procedure Rule 9006. Since 9/12 falls on a Saturday... it has to be excluded as the "end date". Since 9/13 is a Sunday, it moves another day!

Rule 9006... the last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday... in which event the period runs until the end of the next day which is not one of the aforementioned days...

[mike258]

Ah ok, thanks for the info.

[mamaluv]

Same thing happens with mine...60 days is 9/5...however that is a Sat, then I have Sun and of course Labor Day. So my last isn't until Tues.

[bkfdrusa]

Same thing happens with mine...60 days is 9/5...however that is a Sat, then I have Sun and of course Labor Day. So my last isn't until Tues.

Probably Not True. My last day for objections is 9/7 -- labor day holiday.

[justbroke]

Probably Not True. My last day for objections is 9/7 -- labor day holiday.

They messed up then. The creditors would easily win an argument and be allowed to file through the end of the day on 9/8/2009 (Tuesday after labor day).

[bkfdrusa]

They messed up then. The creditors would easily win an argument and be allowed to file through the end of the day on 9/8/2009 (Tuesday after labor day).

Well, I do not mind waiting for one more day. But I believe the creditors did not file anything so far means they have nothing to file. But I have to wait and see what happens.

[justbroke]

Well, I do not mind waiting for one more day. But I believe the creditors did not file anything so far means they have nothing to file. But I have to wait and see what happens.

In a Chapter 7 no-asset case, there technically is no deadline to file a claim. If you are indeed no-asset, then the date there is just there because they have to put something in the system.

[bkfdrusa]

In a Chapter 7 no-asset case, there technically is no deadline to file a claim. If you are indeed no-asset, then the date there is just there because they have to put something in the system.

I am ch7 no asset case. Today is my 46th day.

[justbroke]

I am ch7 no asset case. Today is my 46th day.

So a claims bar date means absolutely nothing in your case.

[brooklyn]

Well, I do not mind waiting for one more day. But I believe the creditors did not file anything so far means they have nothing to file. But I have to wait and see what happens.

Sorry for the newbie questions

1 Where did you see your 60 day date in print to know when it is(I can count 60 but haven't seen it printed anywhere
2 How do you know that no creditors have not filed anything?
Thanks
Brook

[justbroke]

1 Where did you see your 60 day date in print to know when it is(I can count 60 but haven't seen it printed anywhere

It's on your Notice of Bankruptcy. You may recieve it with the notice containing your 341 Meeting date.

2 How do you know that no creditors have not filed anything?

If you are a no-asset Chapter 7 case, it means absolutely nothing that a creditor filed or didn't file. If you subscribe to PACER, you an check the Claims Register to see if any creditor filed a claim.

[bkfdrusa]

It's on your Notice of Bankruptcy. You may recieve it with the notice containing your 341 Meeting date.

If you are a no-asset Chapter 7 case, it means absolutely nothing that a creditor filed or didn't file. If you subscribe to PACER, you an check the Claims Register to see if any creditor filed a claim.

Yes. I check PACER evey day for any claims register.

[want2save]

My date for creditors to object is Sept 18th which is only 58 days from my 341. However on Pacer today it shows the status as day 33 which would put the 60 days to to Sept 20th. So which is it?!?!? I am an asset chapter 7 and the creditors have until Oct 23 to file claims. So far only one creditor has filed a claim. All are unsecured as I am keeping my home and my vehicles are paid for. I am buying one back and surrendering the other and my RV as well. I expect discharge on or about Sept 18 (Or 20) and closing after the vehicles are sold and the bk closed. I am to pay the trustee for the car I am keeping on Sept 15th.