6 weeks after 341 and no word from trustee - should I be concerned?

[cupcake]

I had my 341 six weeks ago and the trustee hasn't done anything since. I checked pacer and I don't see anything there that seems off. If there was a problem and/or the trustee wanted more information, would my attorney have been contacted already? I expected a Report of No Distribution or something by now.

I have some cash that I exempted (from a personal injury claim) and that is my biggest conern. Also, I had to pay a portion of what I reveived from that claim to my exhusband per our divorce judgment and so the possibility of that being a preferential payment exists, but is unlikely.

So, is no news good news? would I have been contacted by now?

[atowntx512]

60 day it takes..... you have 18 more days!!

[momof3b1g]

yes you have 60 days till discharge. But shouldn't pacer be saying wether the case is a asset or no asset case? Does it say that? Is there anything new on your case since the 341? We just had our 341 so don't know if you get anything before discharge.

[cupcake]

60 day it takes..... you have 18 more days!!

Right, but most trustees file a report of no distribution shortly after the 341. Mine hasn't done anything and that concerns me.

[atowntx512]

What did your lawyer say?

[dingdong]

Look at a couple of cases right before you in PACER.

Just change the last digit or two in your own case number( 12345 to 12344, etc) and see if they do/don't have the report of no distribution, you may just have a really slow/backed up district.

[JoeBankrupt33]

The trustee has a limited amount of time to object to your exemptions, which is 30 days after the 341. This 30 days doesn't start if the 341 is going to be continued. Also, the trustee can request an extension, but I'm pretty sure this should have been within the first 30 days too.

So, if it is just an exemption that you're worried about, I think you are probably safe.

[cupcake]

Look at a couple of cases right before you in PACER.

Just change the last digit or two in your own case number( 12345 to 12344, etc) and see if they do/don't have the report of no distribution, you may just have a really slow/backed up district.

Thanks for the suggestion! I tried it and based on the cases I looked at, I feel pretty confident saying that it's an issue with my trustee. None of the cases that have the same trustee have reports on file but cases with different trustees do. I suspect that my guy may be a little back logged.

[cupcake]

The trustee has a limited amount of time to object to your exemptions, which is 30 days after the 341. This 30 days doesn't start if the 341 is going to be continued. Also, the trustee can request an extension, but I'm pretty sure this should have been within the first 30 days too.

So, if it is just an exemption that you're worried about, I think you are probably safe.

Really? That's great news! I feel a lot better because I was terrified that the trustee was going to try to challenge the personal injury exemption and take my cash. I don't think he would have been successful but I just didn't want to fight that fight, you know? I've got nothing else of value but that cash means the absolute world to me.

[cupcake]

Update: still NOTHING. My 60-day waiting period should end on Saturday. The 341 still hasn't been closed/concluded and a report of no distribution has still not been filed by the trustee. Now, I'm really starting to worry. If Saturday comes and goes with no word or filing by the trustee am I good? Will it just be a matter of waiting for the actual discharge to occur or does the trustee still have the power to do whatever he wants?

[cupcake]

Anyone?

[JoeBankrupt33]

Not for sure what he can do, but I wouldn't be too worried if 60 days passes. This is the last day that a creditor can object to your bankruptcy. If there are no objections, then you're just waiting for the official discharge.