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  • RBisDebtFree
    replied
    Try not to worry to so much.

    Look, you have some pretty solid facts:
    1) The status page says awaiting discharge, as far as I know, it only gets there after the Awaiting First Meeting status is terminated, so that's a very solid fact
    2) Your second 341 has come and gone and it was NOT continued, that's another solid facts
    3) If you would have been turned into an asset case, I believe that would have been done within the 30 days of your actual 341

    Btw, I have just remembered that my deadline/schedule page has been a mess at times also. With 341s and then with the discharge... If you are really, really worried, call your bankruptcy court clerk or your case manager only. They might answer your question, it could even be that the have it right in the courthouse but it's just that PACER hasn't been updated probably. Today I saw a request from trustee to change name of attorney be entered on my case, he filed it long ago but the information was entered only today, that's why in the documents/history it has different filed & entered date, because of delays like this.

    Don't worry and try to have a Happy Thanksgiving!

    Leave a comment:


  • Michigan1951
    replied
    Originally posted by RBisDebtFree View Post
    I agree with music12, if both meetings went through and no new one has been scheduled that I strongly believe you are past the 10 and 30 days. So your discharge is on the way! It's hard to wait, but you will end up realizing that day 60 has come and gone and you didn't even understand how the time went so fast, if you can, try to focus on other things, spare your nervous system, your nerves are more expensive than your worrying and fearing about the bk...
    And, thank you to RBisDebtFree as well.

    I looked at the STATUS page and it says Awaiting discharge with 84 days already gone but the voluntarily filed c7 is still there. A bold black sentence is typed saying that
    this case is not in terminated status yet. Otherwords, the trustee has not updated, I do believe. duh??

    First 341 was held and terminated
    continued 341 does not have SATISFIED or TERMINATED result yet
    no other 341 is listed.........

    I hate waiting around. It is making me sick. Thanksgiving is tomorrow and I am sad that I have to have this on my mind. I wish they would just get it over with and shoot me right now. It is what it is, so let's get r done, I say. BUT, I might be turned into an asset case, I am thinking now, so that alone would hold up the updates.
    Last edited by Michigan1951; 11-25-2009, 07:42 AM. Reason: sentence re-structure.

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  • RBisDebtFree
    replied
    I agree with music12, if both meetings went through and no new one has been scheduled that I strongly believe you are past the 10 and 30 days. So your discharge is on the way! It's hard to wait, but you will end up realizing that day 60 has come and gone and you didn't even understand how the time went so fast, if you can, try to focus on other things, spare your nervous system, your nerves are more expensive than your worrying and fearing about the bk...

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  • music12
    replied
    you're welcome if i can do something to calm your nerves now, this mitigates the time i feel i lost by being afraid during my bk. if you are calm, i feel better, so you have to stay calm!

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  • Michigan1951
    replied
    Originally posted by music12 View Post
    it's probably jjjust not updated. mine showed "awaiting 341" until discharge. don't worry! be happy! for now, i would suggest to at least try and assume everything is fine. if something comes up then you'll deal with it.

    yes, i know, it's much easier said than done, and i certainly did not follow this advice when i was going through it. but as it turned out, i caused myself a whole lot of stress for nothing. so please do try to believe everything is fine
    Thanks for your support. This forum sure calms my nerves, and gives me hope.

    Leave a comment:


  • music12
    replied
    it's probably jjjust not updated. mine showed "awaiting 341" until discharge. don't worry! be happy! for now, i would suggest to at least try and assume everything is fine. if something comes up then you'll deal with it.

    yes, i know, it's much easier said than done, and i certainly did not follow this advice when i was going through it. but as it turned out, i caused myself a whole lot of stress for nothing. so please do try to believe everything is fine

    Leave a comment:


  • Michigan1951
    replied
    Originally posted by RBisDebtFree View Post
    First birth day I meant...
    First meeting of the creditors on 10/14 terminated 10/16
    continued 341 on 10/23 ?? (not end date here)
    last day for objections to discharge 12/14

    (when I clicked on the bubble by the First 341 in the deadline/schedules a side window opens up and says same thing, but the word "adjourned" is there though instead of terminated. The word Terminated is listed as the end date of 10/16 though on the deadlines/schedule chart.) Both meetings were completed though.
    Do you think the info. just isn't updated yet at all? Or, is something bad coming down the pipe.

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  • RBisDebtFree
    replied
    Originally posted by Michigan1951 View Post
    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?
    I understand that your current status (on the status page) is awaiting discharge so that means you're good as far as the 341 goes. In terminated statuses, if you second 341's date end is 10/24 or 10/26 then your 10 and 30 day periods are counted from there. If you are unsure, of the dates, please list what your deadline/schedule table says as far as 341s go and what your current and terminated status pages say. I might be able to help more having that info!

    Leave a comment:


  • RBisDebtFree
    replied
    Ok, first of all, I apologize for disappearing for a few days, my daugter had her first birth...
    First birth day I meant...

    Leave a comment:


  • Michigan1951
    replied
    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?

    Leave a comment:


  • Michigan1951
    replied
    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

    Leave a comment:


  • RBisDebtFree
    replied
    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...

    Leave a comment:


  • Michigan1951
    replied
    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.

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  • Michigan1951
    replied
    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!!

    Leave a comment:


  • Michigan1951
    replied
    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!!

    Leave a comment:

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