Legal Question in Bankruptcy in California

Time sensitive: Chapter 11 filing dates and deadlines creditors missed?

Hello, Does my BK date start from the stamped ''filing date'' or received by clerk date? If my Bankruptcy was a Chapter 11, and it was filed on October 10th, and it is stamped by the BK Court October 10th, is that the date to count the 60 to 90 days from? Or, do they count from the date the clerk's office received the ''Notice of Filing of Bankruptcy and Automatic Stay'' dated October 24th, which was stamped by the clerk on October 25th? I am seeking answers and would appreciate your response because a creditor is asking me for an extension of time to file a lawsuit against my BK, because they say their 90 days is about to expire, on the 25th. If I agree to the extension, the will agree not to file the lawsuit and wait on it. Upon reviewing my paperwork, I filed on October 10th, and see that the time frame counting to 90 days is already passed. Why would I give them anymore time? It makes no sense. If the 90 days goes until the latest date (which I hope it does not), then is there any benefit/detriment to giving the extension? Thank you for clarifying and please leave your contact information. Sincerely


Asked on 1/20/06, 1:38 am

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Time sensitive: Chapter 11 filing dates and deadlines creditors missed?

What you are describing is virtually impossible. There is only one filing date and that is the date when the case is filed. The deadlines for creditors to file complaints is set forth in the notice which goes out to all creditors and is set at 60 days following the first date set for the meeting of creditors.

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Answered on 1/20/06, 1:45 am


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