CAN WE STOP A MOTION TO EXTEND OUR BANKRUPTCY DISCHARGE DATE?

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CAN WE STOP A MOTION TO EXTEND OUR BANKRUPTCY DISCHARGE DATE?

WE FILED BANKRUPTCY BOTH PERSONAL AND FOR MY HUSBAND’S BUSINESS. HE WAS LOCKED OUT OF HIS OFFICE FOR NON-PAYMENT OF RENT . WE WERE ABOUT TO BE DISCHARGED BUT A CREDITOR AND HIS LAWYER FILED A MOTION TO EXTEND THE DISCHARGED DATE FOR 60 DAYS. THEY WANT TIME TO REVIEW PAPERS THAT THEY JUST GAINED ACCESS TO AT MY HUSBAND’S OFFICE. CAN WE STOP THIS OR DO WE HAVE NO CHOICE?

Asked on July 13, 2010 under Bankruptcy Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The attorney you hired or the trustee assigned to your matter should be able to help you with these questions and advise you of your rights.  The creditor must have filed a motion in the bankruptcy court for access and not just an extension.  Do they have a right? Yes, under certain circumstances they may. and obviously they met whatever burden the court required.  But I would not just sit back and do nothing.  You have rights too, even though you may not think so given the situation.  Seek the help you need to take the lead here. Good luck. 


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