? about UST filing an extension

[jessegirl]

Hi everyone, I am sure you regulars know my story with the UST. I was wondering if the UST filed an extension on the last day of objections, CAUSE thats what he did, the extension was for 90 more days, do they ever finish auditing you before the 90 days? And is so, would i see that on Pacer, meaning a discharge or a dismissal or whatever?

Its driving me crazy, I am going on Pacer 2 times aday looking to see if the last date of updates has changed.

[jessegirl]

Anyone? Bump

[biotechsolution]

they will most likely wait until the 90 days are up and then issue
their determination.

I am a little surprised that your attorney hasn't been doing a little give
and take with them during this period. Most of the time when the UST
issues these are worked out before the trial. Either a conversion or
they drop it.

How far over the median are you? More than 25%?? If you're discharging a lot of consumer debt and you are over the median by 25% or more he figures you should be in a 13.

If the UST is willing to head to trial he must feel pretty strong about his chances. The UST won't usually take these to trial, judges are too fond of the 'totality of the situation' objections.
He may be trying to use you for a test case.

[jessegirl]

they will most likely wait until the 90 days are up and then issue
their determination.

I am a little surprised that your attorney hasn't been doing a little give
and take with them during this period. Most of the time when the UST
issues these are worked out before the trial. Either a conversion or
they drop it.

How far over the median are you? More than 25%?? If you're discharging a lot of consumer debt and you are over the median by 25% or more he figures you should be in a 13.

If the UST is willing to head to trial he must feel pretty strong about his chances. The UST won't usually take these to trial, judges are too fond of the 'totality of the situation' objections.
He may be trying to use you for a test case.

I am over the median, but not 25%. I have a large cc debt of about 190K. The UST has determined if we will go before a judge YET. My attorney has been dragging his feet but finally we blew up at him and he says that he has been in contact with the UST and they are not requesting anything right now from us. I know he had requested 2 years worth of CC statements, but I did not have them, WHO keeps 2 years of CC statements and with the amount of cc's i had i would of needed a storage unit to keep the statements. I tried to get them from the cc but they will not work with me. So i believe that is why he requested an extension. Not sure if he is getting them from the CC company or not. My attorney tells me they are backed up and this is why he requested an extension. Not surre what to believe anymore.

I also called the jusges office that signed my extension papers and she says WITHOUT looking at my file that they are soooo flooded with BK's and that is is one of many many that the UST has filed extensions on. Now, my next question is: if they keep going forward and extended people when will they ever get caught up? Wouldn't they just keep getting buried?

[Vanda]

ah, finally found someone else with an extension...

Did you figure out what that 90 day extension was all about? I have discussed this on other threads, but first there was a 30 dayextention to file 727 objections. None filed so far. Then I was declared an asset case (Chapter 7) with a 90 day extension for creditors to file proofs of claims. I am losing my mind. I am going to see attorney next week - he is charging me extra since this is "beyond the scope of the original representation." So far I don't seem to get good answers from him but hate to start all over with someone else, plus I don/t have the money. I am trying to figure out what this 90 day extension really means, since the amount of assets is small. Maybe they just want more time to look for the 727 objection? I can't figure it out. And, obviously, I can't sleep.

[Lajazz947]

Hi everyone, I am sure you regulars know my story with the UST. I was wondering if the UST filed an extension on the last day of objections, CAUSE thats what he did, the extension was for 90 more days, do they ever finish auditing you before the 90 days? And is so, would i see that on Pacer, meaning a discharge or a dismissal or whatever?

Its driving me crazy, I am going on Pacer 2 times aday looking to see if the last date of updates has changed.

Hi Jessegirl, nothing to add to your thread as I am not in that time frame yet. I am however wondering how likely it is that the TT will take me to a judge after she exausts all the issues she is looking at me for.

I am over the median and have over $200,000 of debt so I expected a fight. From what I am reading though not too many have seen them as aggressive as my TT.

I would like to keep you posted as I get close to my extension date. We granted them an extension in order to allow me to produce more documents.

[jessegirl]

Hi Jessegirl, nothing to add to your thread as I am not in that time frame yet. I am however wondering how likely it is that the TT will take me to a judge after she exausts all the issues she is looking at me for.

I am over the median and have over $200,000 of debt so I expected a fight. From what I am reading though not too many have seen them as aggressive as my TT.

I would like to keep you posted as I get close to my extension date. We granted them an extension in order to allow me to produce more documents.

We actually went to the 2004 examination deposition by ourselves. We did not have our attorney present as he wanted another 1000.00 to come. The reason why they filed the extention was because of our travel expenses and other expenses. The TT was trying to push us into a chapter 13. That was acutally one of the questions that the asked us at the 2004 depo. When the TT requests information we immed got it to him. He was also pissed in the beginning when I could not produce 2 years of cc statements. I did in the end provide him with some not all.

Laz - You have to go in fighting and never give up. My TT happen to be really nice the day of the Depo. He was understanding, kind and respectful. I too on the other hand did some azz kissing too during my depo. LOL....

To take you in front of a judge the TT needs concrete PROOF of something. If they do not have concrete evidence of something, the tt will not take it in front of a judge. Most of the times it never really goes in front of a judge.

In my opinion when a TT sees that you are over the median, its like that get defient that you should pay it back. What really saved us was a decent size mortgage payment.

I wish you luck and please keep me posted on your case.

[Vanda]

<We actually went to the 2004 examination deposition by ourselves. We did not have our attorney present as he wanted another 1000.00 to come.>>

Wow, good for your Jessegirl. It may come to that with me too.

[jessegirl]

Did you figure out what that 90 day extension was all about? I have discussed this on other threads, but first there was a 30 dayextention to file 727 objections. None filed so far. Then I was declared an asset case (Chapter 7) with a 90 day extension for creditors to file proofs of claims. I am losing my mind. I am going to see attorney next week - he is charging me extra since this is "beyond the scope of the original representation." So far I don't seem to get good answers from him but hate to start all over with someone else, plus I don/t have the money. I am trying to figure out what this 90 day extension really means, since the amount of assets is small. Maybe they just want more time to look for the 727 objection? I can't figure it out. And, obviously, I can't sleep.

I know this is a tough time and it is very nerve racking. The UST originally filed a 727 on us too and nothing really ever came about that. Then he filed a objection for dismissal and that when the 2004 examination deposition came into play. There was really no need for an attorney to be present. All the questions were geared towards us and my attorney would not have been able to answer any, so what was the point of having an attorney with us to pay him 1000.00 for just moral support. Actually the trustee asks us why we didn't have a attorney present and we told him cause we could not afford another 1000.00 for him to come with us and the trustee was actually more sympathic to us. He was very very nice and very respectful and said he totally understood. We went there with the attitude that we deserve the discharge and we were very forthcoming. We didn't hide anything so we had nothing to lose. Keep me posted on your case.

Goodluck.

[Vanda]

Thanks for the support, this forum is a lifesaver.

[Vanda]

90 day extension/conversion or discharge?

they will most likely wait until the 90 days are up and then issue
their determination.

I am a little surprised that your attorney hasn't been doing a little give
and take with them during this period. Most of the time when the UST
issues these are worked out before the trial. Either a conversion or
they drop it.

I read this and wondered also why my attorney hasn't been more involved. The 90 extension is because I have been declared an asset case so now creditors can file claims. But it's about $2000, not much. So, shouldn't we be able to figure out if the true intent of the UST is to force a conversion? This has been my concern all along, do they just wait and wait and then at the end of all these extensions dismiss and force conversion, or can you get a clue before? The waiting and waiting is giving me all kinds of anxiety as everyone on this board can probably understand.

[broken64]

Hey Jess, I thought you were on the road to having this mess ended. Your TT needs to give it up already. You have jumped through all the hoops for him. What else can you give him? I am praying for you and your family Jess. I feel for you, this whole road is nerve racking enough without having to go through what you have been through. Hang tough girl:-)

[Lajazz947]

Hey Jess, I thought you were on the road to having this mess ended. Your TT needs to give it up already. You have jumped through all the hoops for him. What else can you give him? I am praying for you and your family Jess. I feel for you, this whole road is nerve racking enough without having to go through what you have been through. Hang tough girl:-)

Yeah Jesse, hang in there. Our Trustees must be brother and sister.

Sometimes I get frustrated but that's when I need to realize that it is just a chess game. I have nothing to hide so thats what makes me frustrated instead of scared.

At this point I am so angry that I will take my trustee to the mat until I wear her down.

I know that they are just doing their jobs but that applies to every line of work. A policeman can "do their job" without being overly agressive about it.

[Cheeseater]

Jesse, your story scares the life out of me. We are planning on filing 7 in July but are over the median as well. 120k CC debt and a large mortgage and high expenses 2 cars and daycare. Could you share with me what state you live in? Also which expenses caused the TT to object? How long after you stopped using your cards did you file? Are you self employed or do you own a business?
I don't mean to sound like the TT but your posting have been a real eye opener. I had never even heard of 2004-b until you posted it. My lawyer seems to think he can do a 7 but my expenses and income worry me. Thanks for all your post and sharing with all. Good luck.

[Lajazz947]

Jesse, your story scares the life out of me. We are planning on filing 7 in July but are over the median as well. 120k CC debt and a large mortgage and high expenses 2 cars and daycare. Could you share with me what state you live in? Also which expenses caused the TT to object? How long after you stopped using your cards did you file? Are you self employed or do you own a business?
I don't mean to sound like the TT but your posting have been a real eye opener. I had never even heard of 2004-b until you posted it. My lawyer seems to think he can do a 7 but my expenses and income worry me. Thanks for all your post and sharing with all. Good luck.

Cheese:

Ironically I am preparing a package for the Trustee RIGHT NOW for delivery to my attorney.

I will also share my story with you as it sort of mirrors Jesse's except for a few minor details.

Between the two of us we may be able to calm your nerves and help you prepare.

I will post later tonight. Gotta run to the attorney's house and then church.

Good luck.