10 days after 341 please advice

[chriselle]

My 341 was last january 5. If I am counting correctly, january 15 is their last day to file the 10-day presumed abuse. I am above the median and the USt was at my meeting. I was ready based on all the post I read here about being over. But since my 341 nothing showed up on pacer. I called my lawyer to ask if the UST asked for anything, they were not contacted. My lawyer thinks it's over but I know they can still do the general abuse or the totality thing. My attorney had another BK client last 1-5 and there was a motion on her file on pacer. We were both on the watchful eye of the UST. they motioned on her about inability to determine presumed abuse and NOTHING on mine. Please help. Just dying to be a member of the 60 day club I read from here.

[AngelinaCat]

Well, Hi Chriselle. Welcome to the Forum.

Since you have already had your 341 meeting, you are automatically a member of the 60 Day Club.

Now, having said that, don't tell us about another client that your attorney has; tell us what happened at YOUR 341. That way we are better able to figure out what is happening with YOUR case.

[chriselle]

during my 341 the UST showed up. Asked questions about my expenses. I answered as best as I could. After 4 or 5 questions the UST walked away. everyday was after that, i get worried. The 10 days, in which from I read here is the key date. That if something bad is going to happen, they will let me know 10 days from my 341. So far nothig on pacer. $14.76 I hve spent waiting. Do you think the UST can still make a Presumption of Abuse?

[tdawg]

during my 341 the UST showed up. Asked questions about my expenses. I answered as best as I could. After 4 or 5 questions the UST walked away. everyday was after that, i get worried. The 10 days, in which from I read here is the key date. That if something bad is going to happen, they will let me know 10 days from my 341. So far nothig on pacer. $14.76 I hve spent waiting. Do you think the UST can still make a Presumption of Abuse?

Hey Chriselle,

Do you mean you've spent $14.76 check pacer? I had my 341 just before Christmas, and I've been check pacer every day. But I've just been hitting the main page of my case and looking at the last filed date. If that hasn't changed, then I'm pretty sure it means nothing has changed in your case, and I think it doesn't cost anything to hit that front page.

[chriselle]

That's my total. I check everyday since my 341. Anyway tdawg, since your 341 did you the the TRUSTEE report of no distribution? I'm just worried no activity. I'm worried they will have their trumpcard of abuse being dropped on me. I am just asking will they first ask for schedule verification on my papers or they'll just go ahead and extend my misery

[tdawg]

That's my total. I check everyday since my 341. Anyway tdawg, since your 341 did you the the TRUSTEE report of no distribution? I'm just worried no activity. I'm worried they will have their trumpcard of abuse being dropped on me. I am just asking will they first ask for schedule verification on my papers or they'll just go ahead and extend my misery

The trustee hasn't made any entry yet? I thought that until he entered that the 341 was concluded, the clock didn't start ticking? No creditors nor the us trustee showed up at my 341. Here's what the trustee entered 2 days after my 341:

"Trustee's Initial Report. The trustee of this estate reports that the meeting of creditors was concluded and the trustee is investigating the existence and location of property of the estate not subject to exemptions or security interests. (Trustee name redacted)"

I bought my house in 2008 with 0 down, so I wouldn't think it would take him too long to evaluate my house and see that I have negative equity, but I haven't gotten a call from an appraiser yet. I'll be glad after they appraise my house and decide not to pursue that.

The trustee has not entered anything in pacer for your case since the 341?

[chriselle]

Nothing has been entered. On your entry it's just a matter of figuring out the Value of the property, you are out of the woods of the dreaded "Motion of Presumed Abuse". I think from what I understand, the UST has 10 days from the 341 meeting to motion of presumed abuse. As for conclusion, it end right there if there is no continuance. I read somewhere that if there is no presumption of abuse no statement will be sent. I am asking the forum, has it happened that 10 days after a 341 the UST has not issued a statement a statement on a case. That does mean the time limit for issuing a Presumed abuse is over. I know 60 days for general o totality. Like was telling angelinacat, before and after my 341 the UST has not requested any proof, or objected to any expense. But she did question me about them during the 341 12 days ago.

[jtcohenour]

I had my 341 on 22 Dec and have seen no new entries in PACER as of yet. Should I be concerned?

[Michigan1951]

Key sentence here...............

Had First Meeting of the Creditors on 10/14/09
Continuation was on 10/16 because lawyer forgot to bring signed reaff for mortgage
Neither one of the 2 meetings were showing HELD. The second is the key though for showing HELD so the clock will tick again.
My last objection to discharge date was set for 12/14 from the beginning of my fling date of 09/02/09.
Nothing of any kind posting the report of no distribution, no UST action, no creditor actions only the reaffs listed on pacer until January 9th, 2010.
The no distribution report from the Trustee showed on Pacer January, 9th.
Now the clock is ticking (formality) for 10-11 days before the courts release my discharge to me.
The waiting from the 341's all the way to January 9th was the worst thing of all.
AngelicaCat gave me a sentence to hold on to once when I was beside myself.

No news is good news!! So hang in there. I am still waiting...........and good luck!