It's over 11 days past my 341 and no US Trustee report

[backtoschool]

My 341 was on 9-2-09 and the deadline for the US Trustee to file a presumption of abuse report was end of the day yesterday (because my 10 days fell on the weekend). What other deadlines should I be looking out for?

Here is what is going on with my case:

1. I still don't have a trustee report of no asset. The trustee was going to look into the equity of my EXEMPT car and the fact that I "transferred" it by trading it in. There has been no communication with me or my lawyer on this issue since the 341.

2. In pacer it shows a status of "waiting for discharge" with that status being shown as "set by the trustee's initial report".

3. The trustee did not mention anything about my future tax returns at the 341, and my district does not take them automatically, but I had a very large tax return the last two years.

4. My income is way under the median and is all unemployment insurance.

5. I had a high income for the last two years, but a HUGE drop in income over my six month lookback period.

What other deadlines and flags should I be looking out for on my case at this point? My attorney is is an ambulance-chasing-bankruptcy-mill goddess and I won't get much feedback from her at this point.

I just want to know what to expect in the next couple of months based on the particulars written above.

[bkmaggster]

I'm on day 55 and I still haven't gotten a report of no distribution. I think you are fine here.

You have been way under median for a while. You aren't going to get a fat tax return for 2009 because of your unemployment. They can't penalize you for the money you made last year - it's gone and you aren't working in that field anymore.

You exempted the car properly, I seriously think the trustee was just trying to "read" you by grilling you about it.

I predict smooth sailing and a quiet completion of your 60 days.

[AngelinaCatHub]

No news is usually good news in this case. Take it a day at a time as we have been diddling for three years and had to yell at our lawyer the last day of the year 12-28-07 (business day). At this time, your still in 60 day waiting period. If she is that busy, you may just slip on by. Otherwise if she finds assets, she can extend 30 more days. You are good for go. 'Hub

[2manybills]

Our report of no distribution took about 5 days to appear on Pacer. Once I saw that I was really relieved.

Your TT seemed to really run you through the ringer, but they can't penalize you for making a lot of $$ in the past.

I'm sure you okay and you're in the 60 day club!

[backtoschool]

Thanks everyone. I am probably overthinking things.

[2manybills]

I'm sure you are! I do, especially because I work in the legal field, I went over things in my mind a thousand times! I brought all kinds of stuff to my 341 that I never needed.

You will be fine.

[killinstinct]

My position is similar to yours back2school. Our 'exempt' asset is our house we are surrendering. The TT wanted to send out his real estate agent to look at it and took my phone number. Haven't heard from lawyer, TT, or a real estate agent. Our ten days are up next monday (also fell on a weekend).

Our status is the same, 'awaiting discharge'. Our atty said the house thing will not change the discharge at all, just delays closing (administrative matter). Check out HHM's thread on "asset cases in a Ch.7".

It's tough though. I know I have a tendency to think worst case scenario.

Another thing to consider is that the courts are so overwhelmed right now, TT's may be drawing things out to the last minute (intentionally or not) to give them the most possible time in case something comes up. They don't have the time to examine every case very closely I'm sure.

[backtoschool]

My position is similar to yours back2school. Our 'exempt' asset is our house we are surrendering. The TT wanted to send out his real estate agent to look at it and took my phone number. Haven't heard from lawyer, TT, or a real estate agent. Our ten days are up next monday (also fell on a weekend).

Our status is the same, 'awaiting discharge'. Our atty said the house thing will not change the discharge at all, just delays closing (administrative matter). Check out HHM's thread on "asset cases in a Ch.7".

It's tough though. I know I have a tendency to think worst case scenario.

Another thing to consider is that the courts are so overwhelmed right now, TT's may be drawing things out to the last minute (intentionally or not) to give them the most possible time in case something comes up. They don't have the time to examine every case very closely I'm sure.

You're right killinstinct, our situations are very similar. In my district the courts are completely overwhelmed so that might be a factor too.

[backtoschool]

No news is usually good news in this case. Take it a day at a time as we have been diddling for three years and had to yell at our lawyer the last day of the year 12-28-07 (business day). At this time, your still in 60 day waiting period. If she is that busy, you may just slip on by. Otherwise if she finds assets, she can extend 30 more days. You are good for go. 'Hub

So just for clarification, the trustee can extend the wait for discharge out 30 more days if there are assets?

[mike258]

I never got a report of no distribution and the UST submitted a motion for a 60 day extension, on my 60th day

[backtoschool]

I never got a report of no distribution and the UST submitted a motion for a 60 day extension, on my 60th day

Yes but didn't you have to submit stuff to the US trustee from the beginning? You have mentioned having to send 2000 pages of documents.

From reading your case postings I don't believe our situations are similar. The US Trustee was never involved in my case. I am way way under the median and there will be no presumption of abuse, I was just curious what else I should be watching for on pacer.

[MrSmithster]

i was under the impression it wasnt advisable to file BK while unemployed and collecting U.I., maybe i am wrong. all my Pacer info that was entered by my tt was always late, even my 341 meeting was entered late. and my 60 day countdown started from tt date, not date i showed. my discharge took approx 4 months, yes they are very backed up.

[backtoschool]

i was under the impression it wasnt advisable to file BK while unemployed and collecting U.I., maybe i am wrong. all my Pacer info that was entered by my tt was always late, even my 341 meeting was entered late. and my 60 day countdown started from tt date, not date i showed. my discharge took approx 4 months, yes they are very backed up.

My attorney said it was fine to file while collecting unemployment since I am going back to school on a fellowship to get a second graduate degree.

I am now on a graduate fellowship instead of unemployment. It's about the same amount of money, so no real change in regards to bankruptcy.

[2manybills]

You are still looking for a report from the TT about whether or not it is an asset case. That's what you are looking for and if they are asking to be dismissed from the case.

Also, the UST (as in mike258's case) has 60 days to file on totality of circumstances, etc.

Unfortunately, because you retained a mill attorney, it is tough to get answers and on top of that you had an especially harsh TT.

[backtoschool]

You are still looking for a report from the TT about whether or not it is an asset case. That's what you are looking for and if they are asking to be dismissed from the case.

Also, the UST (as in mike258's case) has 60 days to file on totality of circumstances, etc.

Unfortunately, because you retained a mill attorney, it is tough to get answers and on top of that you had an especially harsh TT.

Thanks 2manybills! Your posts are very helpful.

I am also assuming that if I become as asset case, there is another 30 days added on before I am discharged (that is what Hub's post was saying).