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The deadline for objections to my discharge passed in my chapter 7 bankruptcy passed. Can the Trustee still object?

Los Angeles, CA |

The deadline for objections to discharge has passed. At the original 341(a) hearing it was continued cause the Trustee wanted me to amend the schedules. I did this. Now there is another 341(a) hearing set but I need to go out of town. Can the Trustee still object to my discharge and what happens if I don't show up at the 341(a)?

Attorney Answers 4

Posted

If you have an attorney, your attorney needs to call the trustee and ask whether your appearance is required at the continued 341a hearing. If you don't have an attorney, you can call the trustee's office and inquire of the same. If the trustee says you must attend, you can ask if it can be continued to another date since you will be out of town. Usually, trustees will be reasonable regarding this.

Unless you signed a stipulation with the trustee to extend the time to file a Complaint for denial of discharge, then under Federal Rule of Bankruptcy Procedure 4004, the time has run out if it is 60 days past the first date set for the 341a hearing.

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Posted

Call the Trustee likely no appearance is required. Amendments are very common and nothing to be concerned about.

The deadline for objections is for creditors. The trustee can object at anytime.

Jonathan Leventhal, esq.
Leventhal Law Group, P.C.
818-347-5800

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Posted

If you miss your 341 meeting, there is a chance that trustee may dismiss your case. Get in touch with your attorney to let him/her know about your situation. If you don't have a lawyer, contact the trustee assigned to your case and ask to schedule a new meeting date. Additionally, you will need to notify every single creditor (refer to your creditor matrix) of the new hearing date. Lastly, you will need to file a notice with the court and proof of service. I strongly recommend that you contact an attorney to do this for you.

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Posted

First, if you have an attorney helping you, then that should be the source of "answers" to each/any of your questions posted here.

If you have filed pro se, then this information may be helpful.

If you have already completed your 341(a) and the only remaining items were the amendments to your case (and if those have been completed), you may be able to avoid attending the continued 341(a). BUT DO NOT ASSUME THIS IS TRUE.

Bottom line: after amendments have been properly completed and filed in your case, contact the Chapter 7 trustee/trustee's assistant and find out, specifically, whether your attendance will be required at the continued hearing. If they say "yes, you must attend", then you have your answer - stay in compliance and be your own best support on your way to receiving a discharge. If they say "no, you do not need to attend", then voila... continue with your plans out-of-town.

For more information visit: www.salanicklaw.com

Best of luck!

NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney with whom you have established an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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