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    #16
    Originally posted by RBisDebtFree View Post
    Please correct me if I'm wrong but here's a few points I would like to outline:
    1) I think the original 341 date (first schedule not held) is where you have to count 60 days from, there's a number of posts (one is a sticky I think) where that was confirmed and I think it is universal to all court districts. You can confirmed your last day for objections date by going to the Deadline/Schedule link on PACER for your case.
    2) Not to give you something to worry about but I think trustees are known to file objections to exemptions on day 29-30, basically the last day or days before they can no longer object to your exemptions. You might just turn into an asset case, but not get dismissed, I think you would have known by now.
    3) Tom_Mi, your discharge came around on day 70+ after your 341 meeting, I think you should count from the original 341 date not the filing date.
    4) Now, your last day for objections is the last day creditors can object to your discharge and you may already know, not of all debt, but only of a particular part of the debt, again, you probably would have received a letter from their attorney buy now offering to settle everything in a "nice way" like they ever do it the "not so nice way" some probably do but if you're clean, you're clean, it's too risky...

    I thought I had some good information to give but I think it ended up being a mess of answers...

    If I would be you, I WOULD NOT call trustee or ask your attorney to call him. Go to status link on pacer and find the Awaiting 341 Meeting status (it should be in terminated statuses now), see the date end, 10 days from there is what UST has to file a presumption of abuse or motion to dismiss and 30 days from that date is what the panel trustee has to file an objection to exemptions. I WOULD JUST wait it out few days past day 30, why call attention to your case? If he forgot because he is so busy, awesome!
    Yes, thank you for the advice as well. I am going to wait now......
    (first 341 10/14/09, cont'd 341 10/23/09) (12/14/09 last day to object) (341 Shows HELD w/tt report of no distribution 1/9/2010)
    :clapping Discharged 1/25/2010 Case Closed 3/11/2010:D

    Comment


      #17
      Originally posted by RBisDebtFree View Post
      Please correct me if I'm wrong but here's a few points I would like to outline:
      1) I think the original 341 date (first schedule not held) is where you have to count 60 days from, there's a number of posts (one is a sticky I think) where that was confirmed and I think it is universal to all court districts. You can confirmed your last day for objections date by going to the Deadline/Schedule link on PACER for your case.
      2) Not to give you something to worry about but I think trustees are known to file objections to exemptions on day 29-30, basically the last day or days before they can no longer object to your exemptions. You might just turn into an asset case, but not get dismissed, I think you would have known by now.
      3) Tom_Mi, your discharge came around on day 70+ after your 341 meeting, I think you should count from the original 341 date not the filing date.
      4) Now, your last day for objections is the last day creditors can object to your discharge and you may already know, not of all debt, but only of a particular part of the debt, again, you probably would have received a letter from their attorney buy now offering to settle everything in a "nice way" like they ever do it the "not so nice way" some probably do but if you're clean, you're clean, it's too risky...

      I thought I had some good information to give but I think it ended up being a mess of answers...

      If I would be you, I WOULD NOT call trustee or ask your attorney to call him. Go to status link on pacer and find the Awaiting 341 Meeting status (it should be in terminated statuses now), see the date end, 10 days from there is what UST has to file a presumption of abuse or motion to dismiss and 30 days from that date is what the panel trustee has to file an objection to exemptions. I WOULD JUST wait it out few days past day 30, why call attention to your case? If he forgot because he is so busy, awesome!
      I forgot to ask you this. So you are saying my original 341 on 10/14 with a terminated date of 10/16, the UST had 10 days to dismiss, etc., which would have been 10/26. Then the trustee had from terminated date of 10/16 to 11/16 to object to exemptions. The continuation 341 held on 10/23 does not come to play as the original 341 of 10/14 takes precedence as far as the timelines that started for the 60 day countdown to the original 12/14 schduled discharge date. And the countdown date began on 10/14 341 that was held. Am I getting it correctly here from what you said?
      Last edited by Michigan1951; 11-20-2009, 08:52 AM. Reason: poor grammar
      (first 341 10/14/09, cont'd 341 10/23/09) (12/14/09 last day to object) (341 Shows HELD w/tt report of no distribution 1/9/2010)
      :clapping Discharged 1/25/2010 Case Closed 3/11/2010:D

      Comment


        #18
        Yes, the discharge date should be 60 days from your first *scheduled* 341 meeting date. To get the exact date of the day 60 and to confirm that what I am saying / assuming is correct, please log onto PACER and go to the Deadline/Schedule date, in the table, find "Last Day for Objections to Discharge" item and see what the set date is. If by that date nobody objects, you are entitled to your discharge.

        As far as 10 days for UST and 30 days for the Panel Trustee, it is from the date when your 341 meeting was "Satisfied", again, you can find the latest 341 item on the Deadline/Schedule table and the 341 item with the "Satisfied" date present will be the one to count from as far as I know. But I hope somebody will correct me if I'm wrong here, there's a lot of people on this forum!
        Filed CH7 on Aug-06-2009 -- DONE!
        341 meeting on Oct-01-2009 -- DONE!
        Discharged on Nov-12-2009 -- DONE!
        Case Closed on Jun-15-2010 -- DONE!

        Comment


          #19
          Originally posted by rbisdebtfree View Post
          yes, the discharge date should be 60 days from your first *scheduled* 341 meeting date. To get the exact date of the day 60 and to confirm that what i am saying / assuming is correct, please log onto pacer and go to the deadline/schedule date, in the table, find "last day for objections to discharge" item and see what the set date is. If by that date nobody objects, you are entitled to your discharge. last date for obj. To discharge is 12/14.

          as far as 10 days for ust and 30 days for the panel trustee, it is from the date when your 341 meeting was "satisfied", again, you can find the latest 341 item on the deadline/schedule table and the 341 item with the "satisfied" date present will be the one to count from as far as i know. But i hope somebody will correct me if i'm wrong here, there's a lot of people on this forum!
          it says terminated for end date on original 341 of 10/14. There is no satisfied chosen. And for the continuation 341 held on 10/23 there is no end date either saying satisfied or terminated.
          (first 341 10/14/09, cont'd 341 10/23/09) (12/14/09 last day to object) (341 Shows HELD w/tt report of no distribution 1/9/2010)
          :clapping Discharged 1/25/2010 Case Closed 3/11/2010:D

          Comment


            #20
            Are you following the Deadline/Schedule link? It should be there...
            Filed CH7 on Aug-06-2009 -- DONE!
            341 meeting on Oct-01-2009 -- DONE!
            Discharged on Nov-12-2009 -- DONE!
            Case Closed on Jun-15-2010 -- DONE!

            Comment


              #21
              Yes, I was at the deadline/schedule link just now.
              (first 341 10/14/09, cont'd 341 10/23/09) (12/14/09 last day to object) (341 Shows HELD w/tt report of no distribution 1/9/2010)
              :clapping Discharged 1/25/2010 Case Closed 3/11/2010:D

              Comment


                #22
                My 341 is "terminated" as well. I'm now awaiting discharge. I believe each time a change is made in the process, the previous status adjusts.

                Edited to add:

                When ever there is a change in status on your case, the previous status will show as terminated. So for example, prior to your 341 your status was "Awaiting 341 Meeting". Once that was complete, that status terminated and now your status is probably "Awaiting Discharge".

                It's perfectly normal



                *Filed: September 23, 2009 *341: November 4, 2009 *Discharged: January 4, 2010 *Closed: January 20, 2010

                Hakuna Matata...it means NO WORRIES!

                Comment


                  #23
                  on the deadline/schedule in Pacer it shows first original 341 on 10/14 was held but has end date as 10/16 and terminated.
                  then another 341 continuation was posted (only to give the trustee the signed reaff's that lawyer didn't give him at the original 341). There is no end date for this though.

                  Under STATUS in Pacer is still says Awaiting Discharge set for 12/14 voluntarily filed chapter 7
                  (first 341 10/14/09, cont'd 341 10/23/09) (12/14/09 last day to object) (341 Shows HELD w/tt report of no distribution 1/9/2010)
                  :clapping Discharged 1/25/2010 Case Closed 3/11/2010:D

                  Comment


                    #24
                    Your information is similar to mine. My 341 was on 11/4 and is noted as "terminated" on 11/9 (I believe this is correlated to the Trustee's Initial Report). My objections to discharge date is 1/3 (my "awaiting discharge" status date commences on 11/9).

                    Your status is demonstrating the timeline between your first 341 and discharge (no worries about the continuation!).
                    *Filed: September 23, 2009 *341: November 4, 2009 *Discharged: January 4, 2010 *Closed: January 20, 2010

                    Hakuna Matata...it means NO WORRIES!

                    Comment


                      #25
                      Whew....the continuation messes up my thinking on time lines to follow.
                      I have had no report(s) filed from trustee or UST since 10/14.
                      all reaff's are on Pacer now after lawyer got them out and to trustee on the continuation mtg. of 10/23.
                      Other than that....it is very quiet on Pacer.
                      If I now am calculating this right, the 10 day time for trustee to report obj. to exemptions has now past, and I am only have to 12/14 to be discharged UNLESS the UST jumps in at the last minute.
                      I will keep following your case, and sending good vibes your way to discharge too!!
                      (first 341 10/14/09, cont'd 341 10/23/09) (12/14/09 last day to object) (341 Shows HELD w/tt report of no distribution 1/9/2010)
                      :clapping Discharged 1/25/2010 Case Closed 3/11/2010:D

                      Comment


                        #26
                        Originally posted by AngelinaCatHub View Post
                        Yes but I believe the UST has only ten days from 341 to object, I believe it is the same for the Trustee unless something pops out of the woodwork, like fraud or preferential payment as did mine. The Op had their 341 on 10/23 coming fairly near to 30 days. Even if the file was not updated, the clock still tics in their favor. In this case, no news is good news. If they call the Courthouse, talk to their case worker, the case workers have better access to PACER details. Note some notes are not available to the clients on PACER. I would also check the scheduled events (don't remember the correct name) that gives important dates. It may not be in the docket record but it could state waiting on discharge. 'Hub
                        Hey, AC, I went to the courthouse website and at the bottom of the page, I clicked on calendars, and the judge's motions came up for 11/23 and 11/24. It listed actual times/parties involved/reason for motion/attorney,time set for a motion to take place. Our case was not there........yet. It had adv. proceedings, c13 confirmations/dismissals, and dismissals for abuse or other reasons. I did not see OUR case there.....yet.....whew. I do believe that Monday or Tuesday is the last day for objections for us so maybe, just maybe, our case will move forward again. I'd take a c7, c13, but would puke if it was dismissed. A dismissal is worse than just before a person actually filed, I was told. I wouldn't know where to begin with that mess......
                        In any case, thanks for giving me the idea to check the calendar section for my judge's motions!!
                        (first 341 10/14/09, cont'd 341 10/23/09) (12/14/09 last day to object) (341 Shows HELD w/tt report of no distribution 1/9/2010)
                        :clapping Discharged 1/25/2010 Case Closed 3/11/2010:D

                        Comment


                          #27
                          Definition of TERMINATED with the first 341 mtg. held

                          Originally posted by RBisDebtFree View Post
                          Yes, the discharge date should be 60 days from your first *scheduled* 341 meeting date. To get the exact date of the day 60 and to confirm that what I am saying / assuming is correct, please log onto PACER and go to the Deadline/Schedule date, in the table, find "Last Day for Objections to Discharge" item and see what the set date is. If by that date nobody objects, you are entitled to your discharge.

                          As far as 10 days for UST and 30 days for the Panel Trustee, it is from the date when your 341 meeting was "Satisfied", again, you can find the latest 341 item on the Deadline/Schedule table and the 341 item with the "Satisfied" date present will be the one to count from as far as I know. But I hope somebody will correct me if I'm wrong here, there's a lot of people on this forum!
                          RBisDebtFree, I found the definition of TERMINATED in regards to the word on the deadlines/schedule listing the first 341 mtg. held on 10/14. The end date said TERMINATED on 10/16.

                          1. terminated - having come or been brought to a conclusion; "the harvesting was complete"; "the affair is over, ended, finished"; "the abruptly terminated interview"
                          all over, concluded, ended, over, complete
                          finished - ended or brought to an end; "are you finished?"; "gave me the finished manuscript".

                          Now the continued 341 was on 10/23 without us attending because all that was missing was the signed reaffs (which are all listed on the docs on Pacer now as well).

                          Now if I go by terminated meaning concluded, finished, then the set date of the first 341 mtg. was on 10/14 and the UST had 10 days to make a fuss to dismiss started on 10/16. And, the 30 days to object to exemptions from the creditors and trustee started 10/16 to 11/16. I read some cases on line where the same argument came to pass and the debtor won that the first set date was the time to start counting.

                          There has be absolutely no action on Pacer since 10/16. Kinda scary, but the result to all of this should come soon now since 11/16 has come and gone.........I hope I am understanding all of this right.
                          Last edited by Michigan1951; 11-24-2009, 12:52 PM. Reason: fixed wording in sentences.
                          (first 341 10/14/09, cont'd 341 10/23/09) (12/14/09 last day to object) (341 Shows HELD w/tt report of no distribution 1/9/2010)
                          :clapping Discharged 1/25/2010 Case Closed 3/11/2010:D

                          Comment


                            #28
                            Ok, first of all, I apologize for disappearing for a few days, my daugter had her first birth and I was swamped by the preparation and finally caught up with work just today.

                            I almost want to be able to view your case in PACER and answer all your questions. However, let's see what I can help you with just from what you wrote.

                            Your first 341, the 10/16 one, is where you count 60 days from to your much awaited discharge. So your day 60 should be 12/15.

                            The 10/23 341 was either held and satisfied or not held and terminated, I assume, and also it was not continued. 10 days passed since then, no wind blowing from UST, and 30 days since that date passed and nothing from the Panel Trustee. UST could file a motion to dismiss or a presumption of abuse, he/she didn't, Panel Trustee could a lot of things, most common I guess is an objection to exemptions, he/she didn't do that.

                            I assume that your status page on PACER says awaiting discharge and that you are a no-asset case...

                            Now, your creditors have till day 60 to do a number of things, most common being filing of an objection to discharge (of that particular debt or a part of that particular debt). I think that's the only waiting you have left to do.

                            I hope this helps and please let me know if you have more questions...
                            Filed CH7 on Aug-06-2009 -- DONE!
                            341 meeting on Oct-01-2009 -- DONE!
                            Discharged on Nov-12-2009 -- DONE!
                            Case Closed on Jun-15-2010 -- DONE!

                            Comment


                              #29
                              Originally posted by RBisDebtFree View Post
                              Ok, first of all, I apologize for disappearing for a few days, my daugter had her first birth and I was swamped by the preparation and finally caught up with work just today.

                              I almost want to be able to view your case in PACER and answer all your questions. However, let's see what I can help you with just from what you wrote.

                              Your first 341, the 10/16 one, is where you count 60 days from to your much awaited discharge. So your day 60 should be 12/15.

                              The 10/23 341 was either held and satisfied or not held and terminated, I assume, and also it was not continued. 10 days passed since then, no wind blowing from UST, and 30 days since that date passed and nothing from the Panel Trustee. UST could file a motion to dismiss or a presumption of abuse, he/she didn't, Panel Trustee could a lot of things, most common I guess is an objection to exemptions, he/she didn't do that.

                              I assume that your status page on PACER says awaiting discharge and that you are a no-asset case...

                              Now, your creditors have till day 60 to do a number of things, most common being filing of an objection to discharge (of that particular debt or a part of that particular debt). I think that's the only waiting you have left to do.

                              I hope this helps and please let me know if you have more questions...
                              You are right on with all your assumptions with the dates and outcomes so far!! It was almost like you were looking at the stuff on Pacer. Wow!! I am so relieved right now.

                              Thank you so much for taking the time to explain all of this when you have been so busy with your so very important family events recently. Glad to have ya back to the forum!!

                              M1951
                              (first 341 10/14/09, cont'd 341 10/23/09) (12/14/09 last day to object) (341 Shows HELD w/tt report of no distribution 1/9/2010)
                              :clapping Discharged 1/25/2010 Case Closed 3/11/2010:D

                              Comment


                                #30
                                continued 341 mtg. of 10/23 in question yet?

                                After I re-read your reply to me a minute ago, I realized that the continued 341 held on 10/23 at 8am was for the lawyer to get the signed reaffs to the trustee that he forgot to bring with him on the first mtg. of the creditors on 10/14.
                                Therefore, to bring you uptodate on the case, the continued 341 on 10/23 does not have a "satisfied" or "terminated" status filled in or a date with it yet.
                                Maybe, it just hasn't been updated. But, it was held according to the lawyer when I called him 10 days ago via email.
                                I am thinking we might be turned into an asset case AFTER the discharge like what is happening to you...................any thoughts on this?
                                (first 341 10/14/09, cont'd 341 10/23/09) (12/14/09 last day to object) (341 Shows HELD w/tt report of no distribution 1/9/2010)
                                :clapping Discharged 1/25/2010 Case Closed 3/11/2010:D

                                Comment

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