Trustee dragging his feet?

[Runnin on empty]

As you can see from my signature, we filed back in December of '07, and everything else seemed to follow in line as it should. Now, when we had our 341, the Trustee said that he tends to keep most cases open an extra 6 months in order to make sure there is no "funny business" going on. We had nothing to hide (still don't), and didn't think much of it.

Fast forward to now. From what I understand, we were supposed to be closing in July of this year. It's now early August, and haven't heard much from the Trustee with the exception of getting a letter in the mail a little while ago saying how much the Trustee was taking from our forfeited monies (2008 tax return) as his fee.

Now, I'm sure a Trustee has all the right in the world by law to keep a case open as long as he/she feels the need to do so, but we're getting overly anxious and frustrated. We want to move on with our lives and really can't until we're officially closed. We just want to move past this, but the Trustee won't seem to let us.

We've never been investigated by the Trustee, he never even so much as raised an eyebrow over our situation, yet it seems as though he's chosen to purposely drag his feet on our case. Has anyone ever heard of a Trustee taking this long? Don't get us wrong, we're still so grateful that we've been given a chance at a fresh start, but we just want to put it behind us and move on to better things. At this rate, our case will have been open for 2 years before he gets around to closing it!

Thanks as always.

[PoorGrammyinBK7]

We've been waiting over a year. Nothing new on Pacer. No letters about anything. Called attorney and he didn't know. So I guess we just keep waiting...

[Runnin on empty]

Sorry to hear of your troubles. I hope things come through for you soon. I'm very close to calling the Trustee's office to see if anything new has happened. I've never used Pacer, so I can't check that way.

[music12]

this seems like abusive behavior by this trustee. keeping everybody's cases open because there might be "funny business" going on is unfair to everybody. if somebody has "funny business" then the trustee can reopen their particular case.

did the trustee file anything at all? it seems that he administered your asset (the tax return) so unless there is another asset out there, it should just be closed. maybe ask your lawyer to call the trustee or the clerk's office?

[music12]

you can start using pacer any time

[Runnin on empty]

this seems like abusive behavior by this trustee. keeping everybody's cases open because there might be "funny business" going on is unfair to everybody. if somebody has "funny business" then the trustee can reopen their particular case.

did the trustee file anything at all? it seems that he administered your asset (the tax return) so unless there is another asset out there, it should just be closed. maybe ask your lawyer to call the trustee or the clerk's office?

Well I don't know for a fact that he's kept everyone's case open, just ours. I was working two jobs at the time we filed, and decided to quit the one that was causing me the most stress (incidentally it was also the job that I was making almost twice as much at than the job I decided to keep). I think he thinks we're trying to pull a fast one, even though I've been back in school since a month after we filed.

I just want to be able to move on with our lives. I mean, at what point is it going to be okay to try and better myself? I finish my program at school by next May at the latest, and will most likely be looking for another day job so that I can take classes at night, but at the rate things are going, it almost seems like the Trustee is just waiting to see us make a penny more than we are now (we're WELL below the median in our state at our current pay rates) and then pounce on us and push us into a Ch 13.

I thought these laws were enacted to give ourselves a fresh start and piece of mind, not having us looking back over our shoulders wondering if/when the Trustee was going to lower the boom, and why.

[music12]

it's still abusive- over a year!!

[Runnin on empty]

Just got off the phone with the Trustee's assistant. The checks were mailed out to the creditors in August and they have 90 days to respond with any objections, etc. So that puts us at hopefully closing sometime in November.

My question is, at what point can the Trustee still mess with our situation? We were discharged in April, yet it seems to have been drug out way longer than it should be.

We just want to be able to move on with our lives, and it seems like he is doing his best to keep that from happening. Assuming we close in November, that's 23 months since we filed! WTH?!?

[music12]

that makes no sense. they have 90 days AFTER distribution??

i agree with you: WTH???

[justplaintired]

Yeah that doesn't seem right. I sounds like abuse to me also on the part of the trustee, unless their was something different about your case? Was thier some sort of abuse reported on your part? Lord I would have died if it drug out that long. This makes me realize how blessed I was to be discharged and closed all in one day.

Good luck and I sure hope you are closed soon. This just seems very unfair and wrong.

[gowiththeflo]

So am I understanding the process right as I'm reading?.... my 341 was August 18th and I just got a letter Friday Sept 25th that the trustee was noticing creditors of a found asset (I have a rental property with $40,000 equity in it that he will auction off) and the creditors have til Dec 21st to make a claim. Do I still get discharged on the 60th day (Oct 18th) but my case stays open until at least the 21st of December. Or does it stay open indefinitely until the house sells if no one buys it at auction? What is tthe consequence to me of an unclosed but discharged BK7?

[music12]

except for the emotional weight of having the case still open, the moment you are discharged (which should be after 60 days) you have your fresh start.

[majorwest]

except for the emotional weight of having the case still open, the moment you are discharged (which should be after 60 days) you have your fresh start.

Okay, I'm scratching my head here...what, then, is the difference between 'discharged' and 'closed' ??

[music12]

there is a full-blown sticky about that. read it please! discharged means you are done. closed means the trustee is done with the assets of the bk estate.

[want2save]

music 12, do you mean non exempt assets or does the trustee control the exempt assets as well?!?!?!?