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Motion to extend objection to discharge date??

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    Motion to extend objection to discharge date??

    Does anyone know what this means? I filed July 22, recieved the letter saying creditors had 20 days from Oct 7 to file complaint or objection. Well I checked pacer today (Nov 17) and there is a "motion to extend objection to discharge date to 12/31/2005. Responses due by 11/18/2005. The trustee requires additonal time to further investigate the assests of the estate, collect documentation and/or investigate objections to discharge. Wherefore, the trustee respectfully requests 60 days additonal time, or up and until Dec 31, 2005 to file a complaint objecting to the debtor's discharge."

    What does this mean?! Sounds like I am in trouble! Please help!! Can't get a hold of my stupid lawyer! Thought I should have been discharged by now!

    #2
    Okay sidartha the same thing happened to my husband and I. The day BEFORE our discharge date we received a letter like yours. I too was frantic. I called my lawyer on a Saturday no less...he was not happy - tough. Anyway he wrote a letter to the trustee and called her as well to find out what was going on. In the letter from the trustee it said we had not provided all the documentation she requested prior to the 341. That was true. The reason was we didnt have it but regardless she asked for 2 pages of paperwork from our homeowners insurance policy to 3 years of bank statements. All this boiled down to she was questioning our private school tuition expense because it was over their limit for an approved expense. Also I think because our income was high they might have suspected we had hidden assets...not...Anyway we turned in the paperwork and had to have a 2004 exam with her. Believe it or not that was not bad at all. She turned out to be very nice, non-combative and listen to our story. I told her everything and even though it was embarrassing it paid off. Obviously there is something in your case she/he needs to have explained, justified and/or verified. Your lawyer should be able to find out what the problem is. Keep in mind though our lawyer told us that my working part-time was a problem for the court but she never mentioned it. My hours were cut but that is a whole different story. Regardless, the bottom line is she has not had enough time to review your case. That is what the trustee told us and the only way she can do that is to file the motion BEFORE your discharge date. By the way I discovered something was up in our case when I pulled up PACER and next to red flags was this code 707....when I looked it up it talked about substantial BK abuse, etc. Talk about losing it..I did. I knew we had not done anything wrong but it still scared me. Apparently the trustees have done quite a few like yours and ours so it isnt time to panic yet...your lawyer should know what is going on.

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      #3
      Thanks edwards. I am still a little concerned though, because after my 341, I was asked to show more documentation like bank statements, insurance policy etc. Well, I provided all of that immediately, so I am still concerned as to why this is happening. As far as my lawyer, I think he is an idiot!! I regret hiring him. I called him a week ago to find out why I have not recieved a discharge letter, since it' s been 4 months now, and he said he didn't know!! He could have looked at Pacer just like I did, but he didn't!
      I just wish this would all be over, so I can breathe again!!!

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