Timing Post 341

[Bankruptcy20]

I tried finding this on the forums, but can someone remind me whether the following is all true:

1. Trustee timing. After the 341, the trustee has 30 days to file any objection to your filing, exemptions, etc. Typically, the trustee files a no asset declaration with 1-2 weeks after your 341, but you never know. So check Pacer, and look at date of top for any new filing (so not to pay 8c a page needlessly). Trustee can file an extension if he so chooses

2. Creditor timing. Creditors have 60 days until after the 341 to file an AP. Rarely done, sometimes threatening letters, etc. The magical 60 day time period.

3. US Trustee/2004. OK, here I'm fuzzy. When do these audits happen, if at all? Is it random? Can be before the 341? Can be after? I already had my 341, so just wondering whether that potential hassle is not with me anymore... or whether I have to wait until some time period 30, 60, 90 day etc post 341.

Thanks

[last2cents]

BK20, I think you've got it all right. The only one I can't comment on is the last one....

I, personally, am sitting here with my thumb up my a**, waiting patiently for a 2004 - which my attorney assures me will probably happen, and the only thing I see in pacer is my trustee's attorney assuring the court that he / she / it has no conflict of interest in my case.

Why do I feel that I'm about to be *ahem* probed mercilessly?

Probe away! I have NOTHING (except, of course, my thumb) to take.......

The IRS has already cleaned the canal......

(sorry I'm being so subtlely (sp????) vulgar this evening.....it's Friday, and I have a drink in my hand, and I'm feeling flippant......enough "f"'s in there for everyone?)

[backtoschool]

BK20, I think you've got it all right. The only one I can't comment on is the last one....

I, personally, am sitting here with my thumb up my a**, waiting patiently for a 2004 - which my attorney assures me will probably happen, and the only thing I see in pacer is my trustee's attorney assuring the court that he / she / it has no conflict of interest in my case.

Why do I feel that I'm about to be *ahem* probed mercilessly?

Probe away! I have NOTHING (except, of course, my thumb) to take.......

The IRS has already cleaned the canal......

(sorry I'm being so subtlely (sp????) vulgar this evening.....it's Friday, and I have a drink in my hand, and I'm feeling flippant......enough "f"'s in there for everyone?)

Well I can relate last2cents. Somehow I don't think that my $1,000 preference (which I still have no idea what what that line item is in the interim report...) is the last item that my trustee is going to add to my asset case. I am still waiting to see what happens with my tax return, and whatever else comes along.

[Bankruptcy20]

3. US Trustee/2004. OK, here I'm fuzzy. When do these audits happen, if at all? Is it random? Can be before the 341? Can be after? I already had my 341, so just wondering whether that potential hassle is not with me anymore... or whether I have to wait until some time period 30, 60, 90 day etc post 341.

Anyone know the answer to the 3rd part above? The timing of the US Trustee, if it happens at all?

Thanks, just refocusing the thread

[StartingOver08]

http://www.law.cornell.edu/rules/frbp/rules.htm

[backtoschool]

Anyone know the answer to the 3rd part above? The timing of the US Trustee, if it happens at all?

Thanks, just refocusing the thread

I know bankruptcy20 by your comments to me on your other thread that you don't want me responding to your threads, but I am going to post a comment on this thread in case anyone searches on topics of 2004 and US Trustee because the third part of your comment is confusing several issues. If it really bothers you that I replied, then just put me on ignore and you won't have to read my answer.

2004 exams can happen via the US Trustee or the panel trustee and can be initiated by the US Trustee, the panel trustee, or a creditor. 2004 exams are to get more detailed information about finances. 2004 exams can happen any time in the process after the 341.

In my opinion, you are not out of the woods yet for a 2004 exam. The creditor that sent you that letter threatening an AP might request a 2004 exam.

The US Trustee has until day 60 after your 341 to dismiss your case for abuse. Usually you will know this is coming though way before then.

[Bankruptcy20]

Thanks, for the responses.

And, no, I actually appreciated the response. I very much appreciate everyone sharing facts. My point on the thread was rather that I was comfortable with my situation and didn't want to debate that aspect overly.

My 341 went very well, so I have the natural questions as to what could, doomsday scenario-wise, go wrong now, etc.

Thanks

[justbroke]

1. Trustee timing. After the 341, the trustee has 30 days to file any objection to your filing, exemptions, etc. Typically, the trustee files a no asset declaration with 1-2 weeks after your 341, but you never know. So check Pacer, and look at date of top for any new filing (so not to pay 8c a page needlessly). Trustee can file an extension if he so chooses

The United State's Trustee (UST) and Panel Trustee (trustee) have several deadlines which extend all the way to discharge. The first deadline is that within 10 days of the concluded 341 Meeting, they must make a statement of presumption of abuse. If they do file a statement of the presumption of abuse, they must either file a motion to dismiss for abuse or a statement that the presumption of abuse does not arise within 30 days of filing the "10-day" notice.

The UST/trustee also get 30 days after the filing of the 341 Meeting to file objections to exemptions, as do the creditors!

The UST can file a motion to discharge for "bad faith" and/or "totality of circumstances" anytime before discharge.

2. Creditor timing. Creditors have 60 days until after the 341 to file an AP. Rarely done, sometimes threatening letters, etc. The magical 60 day time period.

The creditors get 60 days following the first scheduled 341 Meeting to file an objection to dischargeability (under 11 USC 523).

3. US Trustee/2004. OK, here I'm fuzzy. When do these audits happen, if at all? Is it random? Can be before the 341? Can be after? I already had my 341, so just wondering whether that potential hassle is not with me anymore... or whether I have to wait until some time period 30, 60, 90 day etc post 341.

These are not random and are usually used in circumstances where the debtor needs to be deposed in a more formal (adversarial) environment. Usually, Rule 2004 examinations are after the 341 Meeting. They are pre-discharge as well (unless the discharge has been extended for cause).

A creditor usually requests a Rule 2004 Examination only if they are unsure if they want to proceed with filing an Adversary Proceeding/Complaint (AP). A creditor can't ask for a Rule 2004 Examination once an AP/complaint has been filed as it's mute at that point. These are vary rare anyhow, so you generally shouldn't worry about these unless you have some creditors who are unsure of whether a formal complaint (AP) is worth it.