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Ch7/nonconsumer/AssetCase - does the 14 and 60 day timeline after 341 still apply?

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    Ch7/nonconsumer/AssetCase - does the 14 and 60 day timeline after 341 still apply?

    Filed non-consumer Ch7 in Feb. Had my 341 last week. It's an asset case and creditors have 90 days to file a claim.

    I'm wondering two things:
    1) Does the trustee still have 14 days after my 341 to file a motion for presumption of abuse? Or does this give him more time since he has to have time to investigate the assets?

    2) Does the "60 day club" still apply or will it take me longer to get a discharge?

    #2
    Hi Considering! I don't have any advice for you, sorry, but every time I see "non-consumer" and North Carolina together, my eyes light up like a rabid wolf and I pounce!

    I will hopefully be filing N-C7 when I move to NC later this year. Can I ask if you are in the Western District? I can't get any info on local customs until I talk to an attorney, and we just had to postpone a trip there for this weekend. If you are in this district, or really anywhere in NC would be helpful to know ... did you have a large amount of DMI? I had one attorney tell me under $500, but here and everywhere on the net it says it is not supposed to matter. Thanks so much and I hope you get your answers soon!

    Comment


      #3
      If you are a non consumer case there is no "presumption of abuse" issue therefore there is no 14 day deadline. Assuming no one timely objects to your discharge under 523 or 727 and you file the financial management course certificate, you will get your discharge on time. Your Trustee, however, will continue to administer the case until he distributes all funds collected from the sale of assets. That takes a long time.

      Des.

      Comment


        #4
        The process is basically the same between the two (consumer vs. non). Like des stated above, it will take some time before the case closes.

        Comment

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