My mom's 341 meeting

[Whittio]

OK, so they only have 30 days to OBJECT. She still has to wait to BE discharged?

I thought I read a post here before about someone who filed and prior to the 341 meeting, PACER said "discharged" on one of his cc's? Maybe I understood that wrong??

[freshstarter]

I have found "included in bk" before our 341 on our credit report.

I think the 30 days after the 341 is the last day for the trustee to object. There should be another 30 after that for the creditors.

[Whittio]

Lets see.. the paper I have (I printed it) says
NOTICE OF FILING REPORT OF NO DISTRIBUTION, COMBINED WITH ORDER FIXING DEADLINE TO OBJECT THERETO

Further down it says:
The trustee in the above case has filed a "Report of No Distribution," stating there are no funds available from the estate for distribution to creditors. The report contains the trustee's certification that the estate has been fully administered, and is available for inspection at the Office of the Clerk, U.S. Bankruptcy Court, at the address shown above.

IT IS ORDERED AND YOU ARE FURTHER NOTIFIED THAT:
Unless an objection is filed by the United States Trustee or a party in interest on or before the date shown above, the Court will presume the estate fully administered and proceed to close the case. Any objection shall state with particularity the grounds therefor, and shall be submitted for filing with a notice of hearing setting the hearing on November 15th, 2005 at 9:30am in Department B, Courtroom 33 at the U.S. Bankruptcy Court located at 5021 I Street, Sacramento, CA if no objections are filed, no hearing will be calendared. YOU SHOULD NOT APPEAR AT THIS DATE AND TIME UNLESS YOU FILED AN OBJECTION AND NOTICE OF HEARING, OR UNLESS YOU ARE SERVED WITH AN OBJECTION AND NOTICE OF HEARING FILED BY ANOTHER PARTY.

It has a couple other paragraphs, but doesn't seem to say much else.

[Minnymouth]

Trustee may have set discharge up since he saw no creditors to object..... especially with the new filings starting October 17th....
Trustee may figure if they don't object in 30 days their probably not going too.

Minny

[Whittio]

So the only way to determine whether the cards have discharged, is to do a credit check right? (which costs money, so I better wait awhile)..

I doubt either card will object.. what will they object too??

I am pretty excited that this has gone so well. Without this forum, I could never have done it. Mom will be in a much better position financially once she gets used to only paying cash, and only using WHAT she has.. no more.. and putting away some money every week!

I told her, imagine a year from now, when you have $2400 sitting in the bank and NO DEBT.. how GREAT that will feel!!

[Whittio]

Guess who's back!

Well we have been busy around here. Thought we had our house sold TWICE and both had to back out because they couldn't afford it. Then we went on vacation for 10 days and it was hard getting back into the swing of things.

ANYWAY, question is.. on mom's bankruptcy, creditors had 30 days (until Oct. 21st) to object. We haven't heard anything and want to know if this is it or not? Do I wait a couple days and check PACER? Or do I pull a credit report now? How do I know if we're done??

On a side note, mom has been doing good at putting $50 away every week. She needs some MAJOR car work. My husband tried to do what he could, but it isn't enough. I am worried for her because to date, she only has $500 in the bank. Not nearly enough to buy a car with, and not enough to FIX her car. I guess she'll just keep plugging along until something happens??

She did piss me off Monday. I called and asked what she was doing, she said she was putting her new comforter on her bed. OHHHH.. that didn't sit well with me. She said she NEEDED a down-filled comforter. (she WANTED one if/when we moved to Tennessee, she doesn't NEED one for California, plus I HAVE one here I can't use because we now have a CalKing bed).. Anyway, I really let into her on that one. I told her she's acting like a child and not being responsible.

She said she had stayed "under budget" for a few weeks and saved up the $50, that she didn't touch the savings she had been putting away. I still need her to realize what her future holds here. She doesn't have money to be spending on comforters! Not to mention, it would have made a great Christmas gift for us to buy or I could have given her the unused one we have that's still brand new).

I don't know what to do about this. She's an adult and has to think for herself, but it has only been like 2 months and she's spending frivolously money. I know it's her life, but what would happen if her car broke down and she doesn't have enough to fix it? The only person she has to turn to is ME and Lord knows I don't have any money. I just re-fied my equity line of credit to pay off all my cards and such, so I now have a $42k equity line I am paying on.

Any advice on this and the finalization of her BK would be much appreciated. I just don't know what else I can do for her.

OH, another reason I was so pissed at her is she owe ME $50. I told her that too, that she shouldn't be spending money until she pays ME back.. GRRRRRR..

This is me at my wits end.

[Minnymouth]

Top of the Afternoon to Ya!!!

I see darling mom is trying to fall back into her old habits - "if the cash is there, spend it"......

Don't know what to tell you about correcting that problem except keep reminding her she needs money for car repairs, etc, possible another car. And also let her know that you don't have the funds to pay for it, so she best be saving some money....

As far as her discharge, it will probably show up on Pacer on the 22nd.... (next day)... most do. As busy as they are right now though it might take a little bit longer.

After that "discharge" is posted - she's good to GO.......

Then wait about a month, then pull a credit report and see what it looks like. See if anything needs disputing and start the process from there.

You still planning on moving back to Tenn??

Said you have had offers on you house. Just hang in there, the right person will come along. SOON.... then you can get all excited about moving next. Are you still moving mom with you??? I know that was your original plan..

Good hearing from you,

Minny

[Whittio]

Yeah, mom has been good, but not as good as she could be. I know it's hard to never buy ANYTHING frivolous, but too bad. The last thing on earth she needed to spend $50 on was a comforter. I wouldn't have minded if she took $20 and went to a movie, but a comforter?? grrrr..

Thanks for the PACER advice. Since today is the 30th day, I'll wait till Tuesday and see if there's any updates. I can't wait to see her credit report and score.

Yes, we're still planning on Tennessee, and yes, mom will still come with us, only because she has nobody else. I think she's counting on it a bit too much, she knows she'll have a home to live in and no bills and she thinks it will be 'free ride'. I know she won't be able to pay much for rent because she won't make much, but I can't afford to give her everything. She already has talked about what kind of car she wants (we'll have to buy that too if/when we move as hers won't make it back there). And of course she had planned on buying the comforter. I told her before, "stop spending money you don't even have yet".. and I have also reminded her that every dime we spend on her is money we don't have for ourselves and she shouldn't start making wish lists as it's going to cost us about $5000 to get her back there and a car etc. That's a lot of money to us!

We didn't get any offers, we had one couple from Southern California that LOVED our house. They went and put theirs on the market, had 3 offers in 24 hours, but they were all low offers. They spent 2 weeks countering all of them trying to get more, they couldn't so they couldn't offer on ours. Toward the end of the two weeks we were dealing with that couple, there was another couple who loved our house and decided to offer $400k for it. Well we wouldn't' even consider that.. it's $59k less then we're asking and we're asking a VERY fair price. We didn't over price our home at all.

So we said we wouldn't consider $400k, so they came and looked at it again and decided they could afford $425k but we wouldn't consider that either. Thing is, they want to build a 3 car garage.. and it would cost them $50-$60 and they needed to have enough money do to that. They couldn't' afford the house AND the garage. So.. they backed out (which is fine, they would have been a pain in the butt anyway). They have decided to try to find property and do their own mfg home on it. GOOD LUCK.. not here in California anyway! We have a mfg. home park going in next to us, they are selling the HOUSE ONLY for $409k on a .25acre lot that they have to RENT! So $459k is a great price for our house on 10 acres!

ANYWAY.. there's too many posts to catch up on, and too many new people... there's a lot going on here!

How's everything with you Minny?

[Minnymouth]

Awwwww, Guess I'm okay, might as well be!!!

When you get caught up on all your "reading" on whats been going on here on the forum you will be back in the swing again.

Edytahome is in Poland on vacation (lucky girl)..... Guess HHM is about ready to start his too or may have already....

Lots of new members, with lots of "attitudes" and "ideas"... really get into some strong subjects.....!!!
Thought I was going to have to get out "my ugly stick" one day there...

A lot of people waited too long to file and got caught under the new laws instead of the old ones. Some resentful, some okay with it.

I'm really going to have to "brush up" on the new laws since my BK was under the old ones.... and keep up to date on it.

My BK is still pending. Bank "refused" to sell me my land back, so trustee & bank are forcing mobile home and land to auction. They refuse a private sale so far. Refuse to sell it back to me. (You know me, later on "heads are going to roll - and I'm going to empty some pockets"..)!

My friend is going to buy it back at auction so I don't have to move, hopefully. I'll be a rentor for a while till I can purchase it back.

After its all settled then we'll go to court and sue the bank and all the rest. Believe me they have earned the right to get sued!!!!

Been a hard bankruptcy for me, full of SURPRISES!! But I keep hanging in there. I'm a strong willed person and I will survive.

Welcome back, look forward to all your input. Keep us posted as to your moms case. And your selling of your house and moving back to Tenn.

Great to hear from you,

Minny