Section 727 objection

[Vanda]

On the last day to object the Trustee filed a 30 day extension to file 727 objection. What is this? They also requested more photos and more documents, which I sent them immediately, except for my car payoff statement, which the loan company would only send my snail mail. I filed in January, no creditors have objected, but they are still picking over things. I guess they are still combing through my documents, but again, what is a 727 objection? I wish I knew what is going on, my attorney is not responsive at all.

[StartingOver08]

727 Objection is an objection to your discharge or to a debt.

Do you have more information, like 727 and a subsection? I copied this for your ready review. Hopefully your Trustee is just behind and needs additional time to review your submissions. Have you checked Pacer to see if there is a more detailed filing - so you can anticipate what the Trustee is working on?



11 U.S.C. Section 727
Discharge

(a) The court shall grant the debtor a discharge, unless -

(1) the debtor is not an individual;

(2) the debtor, with intent to hinder, delay, or defraud a creditor or an officer of the estate charged with custody of property under this title, has transferred, removed, destroyed, mutilated, or concealed, or has permitted to be transferred, removed, destroyed, mutilated, or concealed - (A) property of the debtor, within one year before the date of the filing of the petition; or (B) property of the estate, after the date of the filing of the petition;

(3) the debtor has concealed, destroyed, mutilated, falsified, or failed to keep or preserve any recorded information, including books, documents, records, and papers, from which the debtor's financial condition or business transactions might be ascertained, unless such act or failure to act was justified under all of the circumstances of the case;

(4) the debtor knowingly and fraudulently, in or in connection with the case -

(A) made a false oath or account;

(B) presented or used a false claim;

(C) gave, offered, received, or attempted to obtain money, property, or advantage, or a promise of money, property, or advantage, for acting or forbearing to act; or

(D) withheld from an officer of the estate entitled to possession under this title, any recorded information, including books, documents, records, and papers, relating to the debtor's property or financial affairs;

(5) the debtor has failed to explain satisfactorily, before determination of denial of discharge under this paragraph, any loss of assets or deficiency of assets to meet the debtor's liabilities;

(6) the debtor has refused, in the case -

(A) to obey any lawful order of the court, other than an order to respond to a material question or to testify;

(B) on the ground of privilege against self-incrimination, to respond to a material question approved by the court or to testify, after the debtor has been granted immunity with respect to the matter concerning which such privilege was invoked; or

(C) on a ground other than the properly invoked privilege against self-incrimination, to respond to a material question approved by the court or to testify;

(7) the debtor has committed any act specified in paragraph (2), (3), (4), (5), or (6) of this subsection, on or within one year before the date of the filing of the petition, or during the case, in connection with another case, under this title or under the Bankruptcy Act, concerning an insider;

(8) the debtor has been granted a discharge under this section, under section 1141 of this title, or under section 14, 371, or 476 of the Bankruptcy Act, in a case commenced within six years before the date of the filing of the petition;

(9) the debtor has been granted a discharge under section 1228 or 1328 of this title, or under section 660 or 661 of the Bankruptcy Act, in a case commenced within six years before the date of the filing of the petition, unless payments under the plan in such case totaled at least -

(A) 100 percent of the allowed unsecured claims in such case; or

(B)(i) 70 percent of such claims; and

(ii) the plan was proposed by the debtor in good faith, and was the debtor's best effort; or

(10) the court approves a written waiver of discharge executed by the debtor after the order for relief under this chapter.

(b) Except as provided in section 523 of this title, a discharge under subsection (a) of this section discharges the debtor from all debts that arose before the date of the order for relief under this chapter, and any liability on a claim that is determined under section 502 of this title as if such claim had arisen before the commencement of the case, whether or not a proof of claim based on any such debt or liability is filed under section 501 of this title, and whether or not a claim based on any such debt or liability is allowed under section 502 of this title.

(c)(1) The trustee, a creditor, or the United States trustee may object to the granting of a discharge under subsection (a) of this section.

(2) On request of a party in interest, the court may order the trustee to examine the acts and conduct of the debtor to determine whether a ground exists for denial of discharge.

(d) On request of the trustee, a creditor, or the United States trustee, and after notice and a hearing, the court shall revoke a discharge granted under subsection (a) of this section if -

(1) such discharge was obtained through the fraud of the debtor, and the requesting party did not know of such fraud until after the granting of such discharge;

(2) the debtor acquired property that is property of the estate, or became entitled to acquire property that would be property of the estate, and knowingly and fraudulently failed to report the acquisition of or entitlement to such property, or to deliver or surrender such property to the trustee; or

(3) the debtor committed an act specified in subsection (a)(6) of this section.

(e) The trustee, a creditor, or the United States trustee may request a revocation of a discharge -

(1) under subsection (d)(1) of this section within one year after such discharge is granted; or

(2) under subsection (d)(2) or (d)(3) of this section before the later of -

(A) one year after the granting of such discharge; and

(B) the date the case is closed.

http://www.lawdog.com/bkrcy/bkct13j.htm#727.

[Vanda]

727 objections

Thanks, StartingOver, for posting that! At least know I know what this refers to.
I did check on PACER and there are no specific references to give me a clue what they are specifically after. They did ask my attorney where approximately $600 of jewelry that I bought in August 2008 is, since I claimed only $100 of jewelry in my possession. I told them the honest truth: I gave to my girlfriend as a birthday gift, and she later broke up with me, so I can't even take photos as they requested. I do not have the jewelry and obviously can't get it back, but I am willing to pay for the value of the jewelry if that will satisfy them. Bankruptcy forced me to come out of the closet, LOL. I can't imagine that is what they are really after, but who knows? They asked me for photos of all my jewelry, which I sent to them. I am not much of a jewelry person so I don't own much.

[Vanda]

more on the jewelry...

The trustee's office wants the name of my ex-girlfriend and her number. She lives in a different city. I am mortified, are they going to call her up and tell her to return the jewelry? I am sitting at my desk crying. Apparently it is not money they are after because I offered to pay for the jewelry. Maybe their goal is to cause pain?

[StartingOver08]

Maybe they want to verify that in fact you gave it to her as a gift. I don't know.

[Vanda]

the jewelry...

Well, let this be a lesson to everyone on this board.

[willbfree]

You may be looking at this from the wrong angle. If the trustee can confirm the ex-girlfriend has the jewelry there is no need for you to pay for it.

[Vanda]

Major Anxiety - still waiting to hear from Trustee

I have been trying not to panic but it is so hard! I know it's not possible to read the mind of the trustee but the waiting is so hard. They asked for a 30 day extension to file 727 objection, I supplied them with all the additional paperwork they asked for, and now it's day 9 and I imagine they will wait until day 30 to tell me what they are objecting to. I am so stressed!
Sorry all, but I just had to vent!