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The Trustee is being a pain....

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    The Trustee is being a pain....

    ...at our 341 meeting (we filed pro se), he asked a million questions about a potential settlement we listed that is a settlement in a probate case that has been going on for 3 years. There is a miniscule chance that in about 1 year, my husband will receive a settlement of about $50K in this case -- if he does, the probate court will order him to return the money to a trust that it was improperly distributed from 3 years ago. This settlement is iffy at best, numerous appeals have been filed, and nothing will happen, if at all, for at least a year.

    But the Ch.7 Trustee is chomping at the bit and has told the Clerk that he "expects to recover assets in this case" and has told our creditors to file a proof of claim. Is that just standard language if there is ANY chance of asset recovery in a Ch. 7? Or does he just not understand the timeframe we gave him or the slim chances of settlement?

    Can a trustee keep our case open for a year or more waiting for this to happen, or does he have to discharge us if the settlement doesn't happen within the 180 day period? Help?
    Filed Chapter 7: 3/12/09
    341 Meeting: 4/14/09 case declared "asset"
    Trustee ordered discharge/change to "no asset" 4/24/09
    Discharged 6/25/09; Closed 6/30/09

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