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objection to an unsecured claim in chapter 13 with
Your answer is implying something which I find very interesting.
If the case is later converted to Chapter 7, does the time to object to
nondischargeability reset or is it too late? Meaning, do creditors then get
a second bite at the apple since the first meeting of creditors in the
Chapter 7 has not yet occurred?
If your answer is that creditor should have filed a nondischargeability
action in the Chapter 13 and now it's too late, which is what I believe you
will say, then my follow up question is the following.
Suppose there is a meeting of creditors in the Chapter 13 case set for
3/1/2015 (meaning deadline to object would be 60 days later: 5/30/2015).
But the case is converted to Chapter 7 and the meeting is taken off
calendar and rescheduled for the Chapter 7 Trustee on 4/1/2015 (deadline to
object is therefore, June 1, 2015 [May 31 is a Sunday]).
FRBP 4007 says "... a complaint to determine the dischargeability of a debt
under 523(c) shall be filed no later than 60 days after the *FIRST DATE
SET* for the meeting of creditors under 341(a) ..." (emphasis added.)
The first date set is the one in the Chapter 13 case! The deadline is
strictly construed and can make a huge difference in certain cases. Any
idea how it would play out?
Sincerely,
*Michael Avanesian, Esq. *
Simon Resnik Hayes, LLP
15233 Ventura Blvd., Suite 250
Sherman Oaks, CA 91403
Tel: 818.783.6251 | Cel: 818.817.1725
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On Sun, Aug 30, 2015 at 5:04 PM, easky1@yahoo.com [cdcbaa] wrote:
>
>
> No. If the debt is nondischargeable, no point. If the debt is a 523c
> claim, for which a complaint has to be filed, and no complaint was filed,
> it will be discharged.
>
> d
>
>
>
Your answer is implying something which I find very interesting.If the case is later converted to Chapter 7, does the time to object to nondischargeability reset or is it too late? Meaning, do creditors then get a second bite at the apple since the first meeting of creditors in the Chapter 7 has not yet occurred?If your answer is that creditor should have filed a nondischargeability action in the Chapter 13 and now it's too late, which is what I believe you will say, then my follow up question is the following.Suppose there is a meeting of creditors in the Chapter 13 case set for 3/1/2015 (meaning deadline to object would be 60 days later: 5/30/2015). But the case is converted to Chapter 7 and the meeting is taken off calendar and rescheduled for the Chapter 7 Trustee on 4/1/2015 (deadline to object is therefore, June 1, 2015 [May 31 is a Sunday]).FRBP 4007 says "... a complaint to determine the dischargeability of a debt under 523(c) shall be filed no later than 60 days after the FIRST DATE SETfor the meeting of creditors under 341(a) ..." (emphasis added.)The first date set is the one in the Chapter 13 case! The deadline is strictly construed and can make a huge difference in certain cases. Any idea how it would play out?Sincerely,Michael Avanesian, Esq.Simon Resnik Hayes, LLP15233 Ventura Blvd., Suite 250Sherman Oaks, CA 91403Tel: 818.783.6251 | Cel: 818.817.1725
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