If the trustee drags her heels closing the case...

[Tom_Mi]

Can my atty file a motion to the judge compelling closure?

This isn't a problem...yet. I'm about to send 2500 to the trustee to settle her problems with my exemptions. This is a stipulation that she entered and the judge just approved.

Paying this amount should end this misery.


...but in the event that she "forgets" to close my case, can my atty push it along with a motion...?

[music12]

don't worry, the trustee won't forget. and if she does, a phone call from your lawyer to her would be enough, you won't need to go to a judge. plus, it doesn't really matter. what matter is getting the discharge.

[Tom_Mi]

don't worry, the trustee won't forget. and if she does, a phone call from your lawyer to her would be enough, you won't need to go to a judge. plus, it doesn't really matter. what matter is getting the discharge.

Thanks for the feedback. True the discharge is the big thing. I just hate having the case open and feelilng like the Trustee could wake up at night and think of some technicality to ding me for another 1,000.

[poorold]

when were you notified (officially) that the trustee had an issue with your exemptions?

I am on day 31 and thought for sure I would be hearing something, but I've read on these threads that exemptions can only be objected to no later than 30 days following the conclusion of the 341.

[poorold]

I think I found my answer. Now all I have to do is wait a day or two to see if the trustee filed something.


(b) Objecting to a Claim of Exemptions. A party in interest may

file an objection to the list of property claimed as exempt only

within 30 days after the meeting of creditors held under Sec.

341(a) is concluded or within 30 days after any amendment to the

list or supplemental schedules is filed, whichever is later. The

court may, for cause, extend the time for filing objections if,

before the time to object expires, a party in interest files a

request for an extension. Copies of the objections shall be

delivered or mailed to the trustee, the person filing the list, and

the attorney for that person.

[Tom_Mi]

our trustee held a "continuation of the 341" at like day 60 and then complained about our exemptions about 2wks after that. Of course, we were discharged in a timely fashion....these games with exemptions just went on past that.

People say "Celebrate! you're discharged!" but I can't exactly do that when this lady can show up at a moment's notice and decide I owe her thousands.

[poorold]

so are you saying that you had your 341 meeting and the trustee never filed (with the court) that the 341 meeting was held and concluded?

I believe the clock only starts ticking when the trustee files that the meeting was concluded.

[music12]

the 60 day clock starts at the first 341 meeting.

the 30 day clock for exemptions starts at the conclusion of the last 341 meeting.

[poorold]

music12,

if the trustee files "The 341 Meeting was held and CONCLUDED," doesn't that mean that was the last 341 meeting?

I don't think the Trustee can come back and say whoops, we need to unconclude the 341 and have another one.

that's why I asked Tom Mi what happened after his first 341 meeting. Was he told it was being continued? did he see any filings by the trustee that it was concluded?

[music12]

i think tom mi's trustee has not concluded the 341 but continued it instead, i.e. the trustee did not file that it was concluded.

yes, i have not heard of a trustee "unconcluding" a 341...

[poorold]

thanks music12.

that's music to my ears.