Is no news considered good news on Pacer?

[Michigan1951]

I realize the courts here in Michigan are bogged done. But, I did some checking and cases before ours and after in regards to the 341 mtg. has come and gone, and all of them have had the Trustee's report entered. We had our 341 continued but we didn't have to be there though. Our lawyer forgot to bring the signed reaff's with him to cause the continuation on 10/23. Our original 341 was 10/14.

What could be the hold up? I called the lawyer 10 days ago and he has not heard a thing from the UST or Trustee. Does anyone see a pattern here or something?

Also, is it possible for this to go right up to 12/14 the discharge date and our case does discharge, or can it without the TT's report?

I have read all I can on the forum and I can't find anyone that has experienced this. At one time, I remember that Backtoschool said if the case is lingering on and there is no report or anything on Pacer, that is probably means we are being turned into an asset case which we would welcome instead of being dismissed, or thrown into a chapter 13.

The Trustee is one of the nice guys in this district, I am told, so that gives us some hope. If the UST was going to dismiss or anything, or the trustee was going to give report other than no distribution, wouldn't we have heard by now? It is 11/19..............our discharge date is 12/14.

I am assuming that coming to the bk forum is also for someone to talk to about our fears, or speculations while we all wait around. It is un-nerving.

[AngelinaCatHub]

Hey, "Mich" you are right. You may talk to us of course. Now, settle down, you are over reacting. PACER is put up electronically by your lawyer and the Trustee as well. If things have been left out, it could still be on his agenda. You may call your Courthouse and your agent (we all have one) and he/she will tell you what they have on the agenda. PACER is not perfect and it is only a legal advice tool. In the event you get no response from your lawyer, you might call the Trustee direct. You do not really want to talk to him only his "front end" so to speak who will look up his record on your case.

You will be fine. I've had this same thing happen. 'Hub

[Michigan1951]

Thank you for replying. I knew I could count on you. I am consumed by the waiting game for sure. I am hoping no news is good news though. My lawyer said I would be the first to know anything once he knows when I emailed him over 10 days ago. I thought about calling the trustee's office, but was afraid to make them mad or look at my case in a negative way.
A.C., has the 30 day objection to exemptions been reset since the 341 was continued?
It has not concluded yet either. The continuation was held on 10/23. So I don't even know where we are at on the timelines with no conclusion of 341 or a report. Our case is dragging like no other to me now......

[AngelinaCatHub]

Thank you for replying. I knew I could count on you. I am consumed by the waiting game for sure. I am hoping no news is good news though. My lawyer said I would be the first to know anything once he knows when I emailed him over 10 days ago. I thought about calling the trustee's office, but was afraid to make them mad or look at my case in a negative way.
A.C., has the 30 day objection to exemptions been reset since the 341 was continued?
It has not concluded yet either. The continuation was held on 10/23. So I don't even know where we are at on the timelines with no conclusion of 341 or a report. Our case is dragging like no other to me now......

Out of ignorance and a pee poor lawyer, we lingered almost three years. Year and half before filing, and on the last business day of 2007 at 4:30 and a very angry lawyer, with very angry clients, we filed. Just closed after every possible error one could make except fraud. We were blessed with a good Trustee. Quit your worry. We made it, they made it, others made it, and you will make it. GBWY 'Hub

[MSbklawyer]

If your lawyer hasn't heard from the trustee, urge him to be more proactive -- to call the trustee -- "Hey, what's up? Michigan1951 is languishing on the docket out here and hasn't yet received a trustee's report or a discharge. Is there anything we still owe you or is there some question you need some more information on?"

Rattle cages, yank chains, be the squeaky wheel. Don't just sit there passively waiting for someone to call you.

[Michigan1951]

You are right. I will rattle some chains!! Thanks to you and AC!!

[music12]

i thought that even if the trustee does not file any report, the case can still be discharged and then everything is considered abandoned. so if the trustee is just being lazy, things should be fine. if the trustee has something up his sleeve, then finding out about that would probably be a good idea...

[AngelinaCatHub]

i thought that even if the trustee does not file any report, the case can still be discharged and then everything is considered abandoned. so if the trustee is just being lazy, things should be fine. if the trustee has something up his sleeve, then finding out about that would probably be a good idea...

Yes but I believe the UST has only ten days from 341 to object, I believe it is the same for the Trustee unless something pops out of the woodwork, like fraud or preferential payment as did mine. The Op had their 341 on 10/23 coming fairly near to 30 days. Even if the file was not updated, the clock still tics in their favor. In this case, no news is good news. If they call the Courthouse, talk to their case worker, the case workers have better access to PACER details. Note some notes are not available to the clients on PACER. I would also check the scheduled events (don't remember the correct name) that gives important dates. It may not be in the docket record but it could state waiting on discharge. 'Hub

[Michigan1951]

AC, the first 341 was on 10/14, but continued only because lawyer forgot to bring signed reaff's to the trustee that day. Trustee said for us not to attend continued 341 on 10/23 because it was only to receive the signed reaff's to complete the paperwork to him
So are you saying we have until the 24 of Nov. (from the first 341 of 10/14) for objections to exemptions for UST and trustee and unsecured creditors? Or is it from the continued 10/23 because it is not concluded yet, or at least I don't know it as I can't see anything on Pacer.
I will call the courthouse this morning and see if I can learn anything. But, if the 30 day deadline is 11/24, that is this Tuesday! This is so nerve racking, but I do want to know the end result no matter what it is now...........
I appreciate more than you all know of all your inputs here on our case. Personally, I am now hoping to be put into an asset case and then give up two of the reaffs back to hep pay for the unsecured debts we owe. But get discharged on 12/14 as planned. That makes sense to me. We have not had any fraud or preferential payments.

[Tom_Mi]

Don't know if this helps, but I'm western district/MI also. We had a 341 continuation. Here's a really brief summary:

Filed 12/12/08

341 held: 2/4/09

Trustee whines about exemptions, has 2nd 341 (we didn't have to go): 3/4/09

Discharge 4/16/09. (more than 60days from 12/12, so i suppose the 2nd meeting resets the clock)


After discharge, trustee still whined about exemptions and we had to pay her some cash, and we're still not closed. probably won't be until next year, due to real-estate (asset case).

[AngelinaCatHub]

Don't know if this helps, but I'm western district/MI also. We had a 341 continuation. Here's a really brief summary:

Filed 12/12/08

341 held: 2/4/09

Trustee whines about exemptions, has 2nd 341 (we didn't have to go): 3/4/09

Discharge 4/16/09. (more than 60days from 12/12, so i suppose the 2nd meeting resets the clock)


After discharge, trustee still whined about exemptions and we had to pay her some cash, and we're still not closed. probably won't be until next year, due to real-estate (asset case).

I believe you are correct. The 341 was not finalized ergo the clock started again. It has past the 10 initial days of Trustee objections. Now the wait for Creditor objections. I don't know why PACER is not up to date, but I have seen lags in our case as well. Sometimes PACER was even updated on the weekend. I am sure from looking at PACER running in slow motion during the week that the bk Courts are just jammed.

The good thing is the clock is on the Op's side.

Also, it took us 15 months to close, as an asset case. 'hub

[Michigan1951]

TomMi and AC, I called the courthouse and they weren't very helpful. Just said that they only see what I see on Pacer. They said to call the trustee's office. I am chicken to do that now, and/or to bother him at this point.

But, if I now focus on the 10/23 continuation, I am now to beleive that the 30 count down for objections to exemptions began then? So 11/24 (Tuesday) would be the cut off? And, the trustees had 10 days from the 10/23 date to object, or is it 10 after the 30 days ends, which would be 11/23?

I looked at the motion calendars and our trustee is making motions on 11/24 if that is related to us at all or not. Can't understand why the report(s) are not in either.
Pacer says (Status) is still Awaiting Discharge 12/14 but the voluntary chapter 7 is there too.

[Tom_Mi]

If your case on pacer is quiet, I wouldn't worry until 60+ from the last 341.
There are always complicated cases, but sometimes things just sit.

My last filing was 10/14: Trustee's notice of intent to file a final report.
-It's nice that she told us all she has this wonderful intent, but when does the report come? I don't really care about intent, I just want the report.

Either way, you'll get your discharge. Hang in there.

[RBisDebtFree]

Please correct me if I'm wrong but here's a few points I would like to outline:
1) I think the original 341 date (first schedule not held) is where you have to count 60 days from, there's a number of posts (one is a sticky I think) where that was confirmed and I think it is universal to all court districts. You can confirmed your last day for objections date by going to the Deadline/Schedule link on PACER for your case.
2) Not to give you something to worry about but I think trustees are known to file objections to exemptions on day 29-30, basically the last day or days before they can no longer object to your exemptions. You might just turn into an asset case, but not get dismissed, I think you would have known by now.
3) Tom_Mi, your discharge came around on day 70+ after your 341 meeting, I think you should count from the original 341 date not the filing date.
4) Now, your last day for objections is the last day creditors can object to your discharge and you may already know, not of all debt, but only of a particular part of the debt, again, you probably would have received a letter from their attorney buy now offering to settle everything in a "nice way" like they ever do it the "not so nice way" some probably do but if you're clean, you're clean, it's too risky...

I thought I had some good information to give but I think it ended up being a mess of answers...

If I would be you, I WOULD NOT call trustee or ask your attorney to call him. Go to status link on pacer and find the Awaiting 341 Meeting status (it should be in terminated statuses now), see the date end, 10 days from there is what UST has to file a presumption of abuse or motion to dismiss and 30 days from that date is what the panel trustee has to file an objection to exemptions. I WOULD JUST wait it out few days past day 30, why call attention to your case? If he forgot because he is so busy, awesome!

[Michigan1951]

Thanks so much, TomMi. I will take a deep breathe and wait this timeline out.
I am a no asset case right so far since filing on 09/02