341 continued - UST is involved now

[good2free]

I called my layer and he did not hear anything from the trustee or UST. My second 341 is on 12/8/2009.

UST requested 2008 complete tax returns before the first 341 but the layer did not receive the email. I am wondering If I should call the UST office or wait until 12/8.

A Trial Attorney requested this info and I know her name and number. My worry is my layer might not have updated his email address with UST office.

PACER does not have any new updates.

Please advise.

[Michigan1951]

My continuance 341 mtg. was on 10/23 and I didn't have to attend. It is now 11/25 and there is nothing in the deadline/schedules on Pacer that shows STATISFED or even terminated for the mtg. on 10/23. I called the clerk's office and they said the trustee has not filed any paperwork to show that the mtg. was concluded, or the final report is not in yet as well.
The 10 and 30 day timeline starts when the 341 is satisfied. I am in limbo now to see if trustee concluded it on 10/23 or NOT......Geeezzzzz. But, my STATUS page says Awaiting Discharge of 12/4 still.
Keep posting as I will be following your case as well. And, Good luck from here on out.

Once my lawyer puts his report in, it will revert back to the original 341 to conclude on 10/16. My trustee has been on vacation, according to my lawyer talking to the trustee's office last week. My lawyer said that from his years of experience, my trustee and the UST do NOT do objections to discharge this close to the end of the 60 day time line. No creditors have objected yet either.
So far, my lawyer says to be patient from here on out. My lawyer said the trustee or the UST have not asked for anymore papers since the first 341.
For your case, the second 341 was much like mine. My lawyer forgot to give the trustee our signed reaff's so the trustee set the second 341 to get the paperwork in to him. Be patient, and keep staying on top of your case, and ask questions since you are paying for the lawyer's experience and guidance.

[good2free]

Left several messages with my attorney and no response yet. Looks like I have to attend the next 341 on 12/8/2009 at 4PM.

Little bit nervous about this whole process.

[Michigan1951]

Like everyone tells me.......it will be okay. Good luck 12/8.
Oh, talk about stress though. I have to rely on my lawyer stating last week that the reason why I have not heard or seen anything about my case since my continued 341 (because my lawyer forgot to bring signed reaffs to the first 341). My case still says Awaiting Discharge with 93 days in status. Discharge date is still set for 12/14. I say go figure? I do beleive that on the 60th day, I will see a ton of entries into Pacer that will go all the way back to the original 341 of 10/14. So count your blessings that your continued 341 won't drag like mine. In any case, I am thankful for not being converted or dismissed out the gate even before the FIRST 341 on 10/14. If it goes into an asset case after discharge it will probably be because of a non-exempt asset that we were trying to reaff....................DUMB.

[good2free]

Just heard from layers office that I do not need to attend tomorrows 341 continuation.

Hope this is good.

I think I am in 60 day club now.

[good2free]

Trustee report

Chapter 7 Trustee's Report of No Distribution: I, XXXX YY, having been appointed trustee of the estate of the above-named debtor(s), report that I have neither received any property nor paid any money on account of this estate; that I have made a diligent inquiry into the financial affairs of the debtor(s) and the location of the property belonging to the estate; and that there is no property available for distribution from the estate over and above that exempted by law. Pursuant to Fed R Bank P 5009, I hereby certify that the estate of the above-named debtor(s) has been fully administered. I request that I be discharged from any further duties as trustee. Key information about this case as reported in schedules filed by the debtor(s) or otherwise found in the case record: This case was pending for 2 months. Assets Abandoned: $ xxxxx.xx, Assets Exempt: $ xxxxx.xx, Claims Scheduled: $ xxxxxx.xx, Claims Asserted:Not Applicable, Claims scheduled to be discharged without payment: $ xxxxxx.xx. (YY, XXXX) (Entered: 12/09/2009)

[justbroke]

Excellent. Now the wait for discharge!

[good2free]

Thanks Justbroke.

I ended up going to the court house yesterday with my attorney and the trustee said she is done with my case and she mentioned the UST is satisfied with my tax returns.

My attorney says it is good and now it is all about waiting now. Last day of objections is 1/19/2010. So far everything is looking good now.

Thanks a lot to you and everyone on this forum

[LJoutWest]

Congrats!!!!!! Your case gives me a sliver of hope, were still in that waiting to hear stage after giving the UST everything they wanted and amending the filing.

[whipster1]

The UST gets involved only when there is the sliver of hope that someone has hidden assets or is not claiming all income... the UST requested my bank and brokerage statements for 2 years pre-filing. nothing to be found and *poof* discharge...

That is how they justify their job most of the time. not to worry.

[good2free]

In my case I think UST got involved since

1. Attorney did not send the full 2008 tax returns
2. I am over the median
3. Over 100K in cc debt
4. Saving a lot in 401K

I think they are just doing their job. I wonder if they have some filters in place that rises red flags for these kind of scenarios.

[justbroke]

In my case I think UST got involved since

1. Attorney did not send the full 2008 tax returns
2. I am over the median
3. Over 100K in cc debt
4. Saving a lot in 401K

I think they are just doing their job. I wonder if they have some filters in place that rises red flags for these kind of scenarios.

Yes, they are known as red flags. Everything you mentioned, is one of the red flags. Anyone of them alone will cause scrutiny!

[LJoutWest]

That helps since we were over the median, our attorney called us the day of the 341 and told us to bring our 2008 Tax Return to the 341 but we were at the courthouse parking and our home is 40 minutes away and we had 30 minutes before the meeting. Our filing was not correctly filled out raising questions, we had a 401K loan that we took to try and save our house from a year ago, and they questioned our charitable contributions, our food (I found out 14 months ago I have celiac disease and our food budget has doubled since I cannot have any form of gluten or else it will severely impact my health), and a couple of other items.

I think if the filing had been correct we still would be facing this. Bankruptcy's in Utah are up over 65% from a year ago so I agree with good2free, they are just doing their job. I just don't want to convert to a chapter 13. My car has 163,000 miles on it, is 14 years old (runs fine) but I know that sometime in the next two years it will either need work or we'll need a new used car (I don't buy new). Guess in some ways it wouldn't matter as no matter what we are on a tight budget and living by it.

Thanks again good2free, you have given me that sliver of hope. The 341 was on the 17th of Nov. and we had to have all paperwork back to the UST by the 24th of November which we did and our attorney says that is a good thing since many attorneys and petitioners fail to meet their deadlines (that blows me away). We also paid the $1900 the UST wanted by December 1st which was very difficult, but we did it. Just wondering now when we'll here back from the UST.

Also, to back up good2free that this seems almost common for people in this situation to be scrutinized by the UST, our attorney also told us that our inquiry is the same inquiry you would have received (and in fact is almost the same as a number of others that he received at the same time for other clients) no matter what based on your numbers. He also told us that in his opinion that it is unlikely that the UST will file a motion to dismiss or convert to a 13. If for some reason they do (and he has had that happen once and then on the last day of objections they dismissed their filing for dismissal and said they would not contest the chapter 7) that we can either decide to convert to 13 or oppose their motion if we disagree with their numbers. He's been doing this here since 1992 so I just have to have faith he knows what he is talking about based on experience. So, I am just focused on living life and doing my best not to think about and if or when I do, I come here and read. Perhaps our experiences will help others at some point.

[good2free]

Hello All,

I have not heard any news from my layer as of now.
I am checking daily to see if there are any new entries in PACER and nothing so far.

Hope no news is good news at this point.
Waiting for 1/19/2009.

Merry-Christmas and Happy Holidays to you all.

[Michigan1951]

I am still waiting too. last day to object to discharge was 12/14. I had no issues pending. But Pacer is dead in my case, and I just checked and there are many that filed on or around the same day as me, and they are not discharged. I do see some discharges starting to pepper here and there, but not much activity right now.
My lawyer said my Trustee will get back with him this week on his prospective about our case since we past the danger mark on 12/14.
I know how you feel................the waiting is difficult. I am tired now, but it will be worth it and our hampsters will be rested to dance up a storm for us someday soon.

Happy Holidays, good2free.