Hello,
I've been lingering for months, so thanks to all the posters that have helped me through. Here is my issue. I filed in Feb 08, had my 341 in March and was scheduled to be discharged in May. I did not here anything from the Trustee, nothing was entered into PACER and no objections were filed. Then yesterday I here from my attorney that a "request for Notice of Assets" was filed. I have tried to look this up on the internet, and have come across a couple of things here, but I am very confused.
I thought the Trustee only had 30 days to "contest" my schedules and most definitely only had until the discharge date. It appears that they are now going after my Mother-in-Law for a preferencial payment last year; but if they have known about it since recieving our documents how can they wait until AFTER our discharge is scheduled to do this?
I am assuming that this will make ours an asset case, but it is ridiculous because the only folks who will get money are the Trustee (as attorney for the avoidance), our attorney (priority lien) and maybe the IRS. If they split it among all creditors it would be such a nominal amount it wouldn't be worth printing the checks...
Also, we had made large payments to our CC companies, way over the $600, during the same time (and in the 90 days prior to filing); so why aren't they going after them?
I was just settling into the "no news is good news" comfort zone and now I feel like I will be under the gun of this for months more. If they can't even look at my paperwork for 4 months, imagine how long it will take them to administer any assets (no matter how small). I am also greatly disapointed that the Trustee will make more then $1,000 to recover (it seems like they are set up to take advantage of the debtor in order to get paid)
Well, enough babble. Any thoughts would be helpful.
I've been lingering for months, so thanks to all the posters that have helped me through. Here is my issue. I filed in Feb 08, had my 341 in March and was scheduled to be discharged in May. I did not here anything from the Trustee, nothing was entered into PACER and no objections were filed. Then yesterday I here from my attorney that a "request for Notice of Assets" was filed. I have tried to look this up on the internet, and have come across a couple of things here, but I am very confused.
I thought the Trustee only had 30 days to "contest" my schedules and most definitely only had until the discharge date. It appears that they are now going after my Mother-in-Law for a preferencial payment last year; but if they have known about it since recieving our documents how can they wait until AFTER our discharge is scheduled to do this?
I am assuming that this will make ours an asset case, but it is ridiculous because the only folks who will get money are the Trustee (as attorney for the avoidance), our attorney (priority lien) and maybe the IRS. If they split it among all creditors it would be such a nominal amount it wouldn't be worth printing the checks...
Also, we had made large payments to our CC companies, way over the $600, during the same time (and in the 90 days prior to filing); so why aren't they going after them?
I was just settling into the "no news is good news" comfort zone and now I feel like I will be under the gun of this for months more. If they can't even look at my paperwork for 4 months, imagine how long it will take them to administer any assets (no matter how small). I am also greatly disapointed that the Trustee will make more then $1,000 to recover (it seems like they are set up to take advantage of the debtor in order to get paid)
Well, enough babble. Any thoughts would be helpful.
Comment