Bankruptcy discharge after 341 meeting? 20 Answers as of January 04, 2012

In a chapter 7 bankruptcy, can a discharge be issued, in less then 60 days after the 341 meeting?

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Law Office of Asaph Abrams
Law Office of Asaph Abrams | Asaph Abrams
Your notice of filing/meeting of creditors should list certain applicable deadlines-including filing of claims for nondischargeability-which dictate threshold waiting time until discharge. The time periods are not arbitrary and there's no "expedite fee." This answer (as well as our Web site) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon; it creates no attorney-client relationship; it may be pertinent to CA only; it's independent of other answers. Hire legal counsel before acting or refraining from bankruptcy/legal action.
Answer Applies to: California
Replied: 1/4/2012
Law Offices of Daniel Moulton
Law Offices of Daniel Moulton | Daniel Moulton
A bankruptcy discharge is entered at some point after the 341 meeting if a trustee has made a finding of no assets and the deadline to object to discharge has passed. That deadline date is approximately2-3 months after the 341 meeting. Adischarge can be issued within 60 days after the 341meeting only if the deadline to object to discharge comes within the 60 day period. Usually the date is more than 60 days after the 341 meeting unles the meeting date was continued.
Answer Applies to: Illinois
Replied: 7/22/2011
Breckenridge and Walton
Breckenridge and Walton | Alan D. Walton
No
Answer Applies to: Michigan
Replied: 7/22/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
After the 341 meeting of creditors there is a 60 day waiting period for creditors to object. A discharge may be entered after the expiration of this period but not beforehand.
Answer Applies to: California
Replied: 7/21/2011
Law Office of Jackie Robert Geller
Law Office of Jackie Robert Geller | Jackie Robert Geller
No. That's the minimum time stated in the bankruptcy code. Creditors have 60 days after the 341(a) meeting to object to discharge.
Answer Applies to: California
Replied: 7/20/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Yes, but to be honest I've never understood how. I've seen this happen in the Northern District of California (or maybe it was the Eastern District). It's sort of a contingent discharge in that case, because the creditors still have time to file objections to discharge under 11 USC 727 and also to dischargeability of a debt under 11 USC 523 during that period. In the vast majority of courts, no discharge occurs until after the 60-day period.
    Answer Applies to: California
    Replied: 7/20/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    No. Creditors have a 60 day period in which to object to dischargeability.
    Answer Applies to: California
    Replied: 7/20/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Chapter 7 bankruptcy must remain open for at least 105 days from date of filing. The discharge will come within a week or so after that.
    Answer Applies to: California
    Replied: 7/20/2011
    Cartwright Law Firm
    Cartwright Law Firm | Andrea Cartwight
    No. The sixty day period is provided to give interested parties including your creditors the time which to file any objections to the discharge of debts. If no objections are filed within that period of time, then the court will enter the discharge.
    Answer Applies to: Michigan
    Replied: 7/20/2011
    The Law Office of Marvin Wolf
    The Law Office of Marvin Wolf | Marvin Wolf
    What's the rush? In any event, the answer is no. In a Chapter 7 case, once the 341(a) meeting ends, creditors have an additional 60 days to object in writing to the debtor getting a discharge. This is written into the statute so there is no way I know of around it. The court must wait for this deadline to expire before they issue a discharge. It can also take a few weeks to a month for the judge to sign the discharge order, or a trustee might not issue a final statement for a few months, all of which can delay a discharge. You are still protected by the automatic stay until the conclusion of the case, which most people think of as a good thing.
    Answer Applies to: New Jersey
    Replied: 7/20/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    No because that 60-day period is the time limit for the creditors to object to your discharge. The court cannot take that right away from the creditors.
    Answer Applies to: California
    Replied: 7/20/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    No. Creditors have 60 days from the 341 meeting to object; if no objection, debtor is discharged 10 days later.
    Answer Applies to: Virginia
    Replied: 7/20/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    Usually, no. It depends on when the 341 meeting is held. Review the Notice of Bankrutpcy and you will see a deadline for objecting to discharge. The judge must wait until that deadline has passed before the discharge can be issued.
    Answer Applies to: Colorado
    Replied: 7/20/2011
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