When Does Clock Start and Will This Raise Questions?

[dabusted]

We had our 341 meeting last week and it could not have gone smoother. It lasted 5 minutes at the most. The only scare is that there were meetings being held in about 8 rooms, and by the time we found ours and sat down, we were called up in less than 10 minutes. Sure glad we weren't late!

I found this posted on PACER today:

Meeting of Creditors Held and Concluded on 4/9/2009. Chapter 7 Trustee's Report of No Distribution: I, X... Y. Z..., having been appointed trustee of the estate of the above-named debtor(s), report that I have neither received any property nor paid any money on account of this estate; that I have made a diligent inquiry into the financial affairs of the debtor(s) and the location of the property belonging to the estate; and that there is no property available for distribution from the estate over and above that exempted by law. Pursuant to Fed R Bank P 5009, I hereby certify that the estate of the above-named debtor(s) has been fully administered. I request that I be discharged from any further duties as trustee. Key information about this case as reported in schedules filed by the debtor(s) or otherwise found in the case record: This case was pending for 1 months. Assets Abandoned: $ 39605.00, Assets Exempt: Not Available, Claims Scheduled: $ 479060.00, Claims Asserted: Not Applicable, Claims scheduled to be discharged without payment: $ 479060.00. (Z..., X...) (Entered: 04/14/2009)

As I understand it, creditors or the U.S. Trustee have 60 days to file an objection to discharge. Can anyone tell me whether the 60 days starts on 4/9/09 or 4/14/09?

Also, the statement that $479,060 will be discharged without payment worries me and makes me wonder whether the U.S. Trustee would be tempted to intervene. Over half that amount is non-dischargeable student loans for my wife and me. Of the balance, most debt is counted 2 or 3 times because we listed original creditors and all the collection agencies that accounts were sent to. Am I paranoid or should I not worry about it raising a red flag?

Finally, I know a few people here have had the U.S. Trustee jump in at the last possible moment. Does the U.S. Trustee not even look at a case until after the Chapter 7 trustee has asked to be relieved or, if the U.S. Trustee was likely to be interested in the case, would we probably already have heard something?

I guess I'm not so much afraid of what the U.S. Trustee would do as I am just VERY eager to get this darn thing over with. This problem started more than a year ago. The thought of it dragging on for more than another 60 days is sickening.

Looking on the bright side, hopefully by June 15th we'll be able to say !

[StartingOver08]

Your 60 day time clock starts from the 341, which in your case was 4/9/09.

As to the student loans, you are correct about their not being dischargeable.

Based on what you posted, why would the UST be interested in your case? It sounds like you did everything right in your petition. Now its time to wait for the formal discharge - welcome to the 60 day club!

[jessegirl]

We had our 341 meeting last week and it could not have gone smoother. It lasted 5 minutes at the most. The only scare is that there were meetings being held in about 8 rooms, and by the time we found ours and sat down, we were called up in less than 10 minutes. Sure glad we weren't late!

I found this posted on PACER today:

Meeting of Creditors Held and Concluded on 4/9/2009. Chapter 7 Trustee's Report of No Distribution: I, X... Y. Z..., having been appointed trustee of the estate of the above-named debtor(s), report that I have neither received any property nor paid any money on account of this estate; that I have made a diligent inquiry into the financial affairs of the debtor(s) and the location of the property belonging to the estate; and that there is no property available for distribution from the estate over and above that exempted by law. Pursuant to Fed R Bank P 5009, I hereby certify that the estate of the above-named debtor(s) has been fully administered. I request that I be discharged from any further duties as trustee. Key information about this case as reported in schedules filed by the debtor(s) or otherwise found in the case record: This case was pending for 1 months. Assets Abandoned: $ 39605.00, Assets Exempt: Not Available, Claims Scheduled: $ 479060.00, Claims Asserted: Not Applicable, Claims scheduled to be discharged without payment: $ 479060.00. (Z..., X...) (Entered: 04/14/2009)

As I understand it, creditors or the U.S. Trustee have 60 days to file an objection to discharge. Can anyone tell me whether the 60 days starts on 4/9/09 or 4/14/09?

Also, the statement that $479,060 will be discharged without payment worries me and makes me wonder whether the U.S. Trustee would be tempted to intervene. Over half that amount is non-dischargeable student loans for my wife and me. Of the balance, most debt is counted 2 or 3 times because we listed original creditors and all the collection agencies that accounts were sent to. Am I paranoid or should I not worry about it raising a red flag?

Finally, I know a few people here have had the U.S. Trustee jump in at the last possible moment. Does the U.S. Trustee not even look at a case until after the Chapter 7 trustee has asked to be relieved or, if the U.S. Trustee was likely to be interested in the case, would we probably already have heard something?

I guess I'm not so much afraid of what the U.S. Trustee would do as I am just VERY eager to get this darn thing over with. This problem started more than a year ago. The thought of it dragging on for more than another 60 days is sickening.

Looking on the bright side, hopefully by June 15th we'll be able to say !

Starting over is right on the 60 days starting on the day of the 341. We had the UST step in and request that they extended our discharge for another 90 days, BUT the UST had stepped into our BK 2 weeks after we filed. They asked for addditional information and we gave it to them and then never heard anything until the last day for objections and then bam there it was. BUt, we had to go to 2004 deposition examination and thankfully we finally discharged.

I would think that the UST would of maybe stepped in already on you, but then you never know. We were over the median by ALOT and had alot of debt to discharge too. All of it was cc debt.

Goodluck.

Goodluck.