Legal Question in Bankruptcy in California

Bankruptcy - A client of mine filed chapt 13 with me as a creditor. His first meeting of creditors was set and held. The paperwork I received said I had 60 days to file an adversary proceeding from that date. I did not file an adversary proceeding at that time.

Now, a couple of months later he has converted to chapt 7 and a new meeting of creditors has been set. Does the 60 day time limit to file the adversary run from the first meeting of creditors in the original chapt 13 or from the second meeting of creditors in the converted chapt 7?


Asked on 11/09/10, 11:50 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

From the date of the new meeting. However, in a no-asset Chapter 7, unless you can prove fraud or intentional injury/harm, you're unlikely to succeed in an adversary proceeding. So, you might make a business decision -- and set your emotions aside -- as to whether you should spend money to attempt what might be the impossible.

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Answered on 11/14/10, 12:26 pm


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