What does this mean...

[Confused78]

Just logged into pacer and saw this....

Meeting of Creditors Pending and Not Concluded. there is a pending US Trustee review. (xxxxx,xxxxx) (Entered: 02/03/2009)

So anyone know what that means. Thanks!

[justbroke]

Just logged into pacer and saw this....

Meeting of Creditors Pending and Not Concluded. there is a pending US Trustee review. (xxxxx,xxxxx) (Entered: 02/03/2009)

So anyone know what that means. Thanks!

Ouch. Sounds like the U.S. Trustee himself/herself stepped in. This means that the 341 Meeting (of Creditors) was not determined to be concluded (all things satisfied).

Probably missing some documentation or the Trustee needs to look into some specific aspect of the case.

When was your 341?

[Confused78]

You will have to read my post under "my att. is an idiot."
I was scheduled to have my 341 1/5 but when we went in the trustee said that I was showing extra income so the att. asked to postpone the hearing so that we could rework some numbers. So it was rescheduled for Monday and the att. emailed me saying that we didn't need to go that the trustee told him that she had everything that we needed not to show up. So I never really had my meeting.

[southernbelle]

YIKES!! Sounds like the UST wants to take a closer look. Keep track of updates to your case on PACER so that you'll know what's going on.

[justbroke]

I do remember that thread. I'm just not good at following threads.

Anyhow, did they even schedule another meeting? I don't see how you could never attend at least one (1) 341 Meeting, and be questioned under oath. By law, the BK code, you must be, basically, deposed under oath... and give the creditors a (one) chance to question you under oath.

This is just so weird.

[Confused78]

YIKES!! Sounds like the UST wants to take a closer look. Keep track of updates to your case on PACER so that you'll know what's going on.

So I guess this is bad? This just sucks!
What am I looking for on there. It is all very confusing to me.

[justbroke]

So I guess this is bad? This just sucks!

Not necessarily bad... just they need time to look at it. Remember, the whole process is very technical and the clock marches on. If the Trustee doesn't "stop" the clock, then things are considered done and the discharge comes about 60 days after the first scheduled 341 meeting.

[Confused78]

I do remember that thread. I'm just not good at following threads.

Anyhow, did they even schedule another meeting? I don't see how you could never attend at least one (1) 341 Meeting, and be questioned under oath. By law, the BK code, you must be, basically, deposed under oath... and give the creditors a (one) chance to question you under oath.

This is just so weird.

They had a second one scheduled for this past Monday but we didn't go since my att. said repeatly that we weren't suppose to be there. The trustee had emailed him and said that there was no need for us to appear.

I am screwed! This sucks!

[Confused78]

Not necessarily bad... just they need time to look at it. Remember, the whole process is very technical and the clock marches on. If the Trustee doesn't "stop" the clock, then things are considered done and the discharge comes about 60 days after the first scheduled 341 meeting.

I remember him saying something about allowing her to extend the time frame that she needed to have her stuff done so that we could have more time to rework the numbers. Basically he needed more time to screw off. So, I have no idea when my 60 days would officially start. I am assuming after I have my actual 341, if that ever happens?!?!

[StartingOver08]

No, actually I think JustBroke has it right. Your 60 days starts from the first SCHEDULED MEETING.

Where I think your attorney blew it was by having you not attend the second scheduled meeting. Even if it was a waste of time, it would be better to sit in that Trustees waiting room and NOT have your name called then to have your name called for the hearing and you not be there. But that is me and I'm a worry wart

[Duke89]

The UST will routinely look into cases that they have questions over. Usually they have detailed questions about items and the answers you provide will either send them on to the next case on their list or it will get them curious and they'll do more digging. Remember that the UST is NOT on your side......they are there to make sure that your CREDITORS don't get the short end of the stick if at all possible. If they have questions it is usually because they think they've found something that could change the outcome of your case for the benefit of your creditors. They are not being malicious.....only thorough in the execution of their duties. So long as everything on your filing is above board and you can provide proof then you should be OK. The UST in our case questioned the amounts we spend on daycare for our kids and the money that we give to the church. We were able to prove the daycare costs with returned checks and the church contributions with church statements and our prior year tax returns that showed a history of us giving. After that the trustee moved on and left us alone. Our case was discharged and closed yesterday.

[Confused78]

The UST will routinely look into cases that they have questions over. Usually they have detailed questions about items and the answers you provide will either send them on to the next case on their list or it will get them curious and they'll do more digging. Remember that the UST is NOT on your side......they are there to make sure that your CREDITORS don't get the short end of the stick if at all possible. If they have questions it is usually because they think they've found something that could change the outcome of your case for the benefit of your creditors. They are not being malicious.....only thorough in the execution of their duties. So long as everything on your filing is above board and you can provide proof then you should be OK. The UST in our case questioned the amounts we spend on daycare for our kids and the money that we give to the church. We were able to prove the daycare costs with returned checks and the church contributions with church statements and our prior year tax returns that showed a history of us giving. After that the trustee moved on and left us alone. Our case was discharged and closed yesterday.

Congrats on your case being discharged! I am scared to death over all this crap! I guess this means that I will probably have to speak with the trustee and answer whatever questions they are having. Or will they do it through the att?

[Duke89]

It depends on the types of questions you get. We actually had both situations arise. In the first we actually spoke to the UST with our attorney present........this occurred at the 341 meeting. There were certain questions that came out of that meeting that required us to resubmit our schedule I and J budget for income and expenses and after we submitted the updated schedules our attorney took it from there and spoke with the UST on our behalf. As it turned out our attendance was not required for our follow up 341 meeting as the UST decided that his questions had been answered to his satisfaction and he just moved on. It's normal to be nervous over the proceedings as you're at the mercy of the system. You should be OK so long as your schedules are accurate and you have not misrepresented anything. I would lean on your attorney to the extent possible to see if they can touch base with the UST to feel them out as to what is giving them heartburn with your case. The more information that you can get ahead of time the more time you have to prepare your answer for the UST.

[Confused78]

Thanks Duke. I emailed my attorney about the updated info and he said it is all perfectly normal and that I need to stop worrying. He also said that he would know within a week or two if something was wrong. Nice huh!

[Duke89]

As hard as it is to do, I would take your attorney's advice and try to get your mind on to something else while time passes. If you're like everyone else you've probably already worried enough over this stuff to fill several lifetimes. Best of luck to you. Let us know how things turn out for you.