Crap-1 day left and the UST is asking questions

[albacore44]

I can't believe the UST is wasting his time on a No Asset and under the median income case. But, it is not without some level of expectation.

We're all behind you Tuna.... err Albacore.

well it started with a call to the Att's office from the UST on day 59 asking if i filed 2009 income taxes which I have extended. I wanted to get this behind me first. i think the UST wanted to see if i was claiming my 22 year old son who was unemployed most of last year, his wife who doesnt work, and my 83 year old mother-in-law who just gets SS, on my return. I plan to claim them, all live here and I collect no $$ from them, so i consider them dependants. Claiming them put me $10k or so under the median. so now the UST is asking each one to sign some declaration, that they provide no income to me, or something like that, i dont know.

But on my schedules, i only claimed food, clothing, etc for 4. 2 car payments, gas, actuals for utilities, mortgage etc.

I have never heard anything like this before.

[justbroke]

It's just purely your income then. UST probably thinks that you make $30K over median without the mother and 24-year old included. Probably was wondering if you're playing with the system.

The cases in which you have non-minor children living at home may get some glances. I don't see any problem with an elderly parent being supported and living within your home. I think the UST is just poking at your case, but I also think this will pass.

So the UST never filed an actual extension request with the Court?

[albacore44]

So the UST never filed an actual extension request with the Court?

Well it does not show on pacer. not sure exactly how they are posted, if the UST sends a form to the clerk before the deadline and it takes a couple days to post, whatever. Last conversation I had with the ATT was friday about noon, we discussed the dependants, i asked if the UST was filing a extension or motion to dismiss, but he said not yet, he was waiting to hear from my Att. he told me what the UST wanted, and he would be e-mailing me the forms for signature and it would cost me $$ . i guess there is always the chance he talked to the UST and talked him out of it by looking at all the circumstances and that my expenses were in line

[justbroke]

Well, if the UST didn't file before the deadline, then he missed the deadline. The only thing that he could pull the discharge back for is actual fraud. Perhaps this was just to make sure everything was well documented and the UST didn't intend to actually file a dismissal or extension.

It's a bar date, so I don't believe there is anything that the UST, or any creditor, could do after it passes. Except for actual fraud.

[albacore44]

Well, if the UST didn't file before the deadline, then he missed the deadline. The only thing that he could pull the discharge back for is actual fraud. Perhaps this was just to make sure everything was well documented and the UST didn't intend to actually file a dismissal or extension.

It's a bar date, so I don't believe there is anything that the UST, or any creditor, could do after it passes. Except for actual fraud.

Any idea how the UST posts to pacer ?? i would think in the electronic age, they would log on by computer, then post. i know when my Att filed my case he did it electronically on a saturday, and i saw it right away.

[justbroke]

Any idea how the UST posts to pacer ?? i would think in the electronic age, they would log on by computer, then post. i know when my Att filed my case he did it electronically on a saturday, and i saw it right away.

I believe that the UST is required to be an electronic filer.

Also, I was to quick to write about what a discharge can be pulled back for. It can be vacated if it was done "in error". I have seen a discharge vacated due to error, but usually it was the Clerk's error, and not something caused by the UST's failure to file a complaint to determine dischargeability or to file a motion to dismiss.

[keptdigging]

As much as the day 59 part sucks (seriously, wtf?), it sounds like the UST is just doing his job. Three additional adult dependents does seem reasonable to at least "poke at" (as another poster put it), by verifying consistency with your tax return.

No APs at least, right?

From everything you've said about your attorney I'm thinking this will work out fine.

Still, my heart stopped when I saw it was you... so yes please keep us posted.

[albacore44]

Ok.here it is day 63. no word or e-mail from my attorney, and no extension or anything filed on Pacer by the UST. i dont know what to think, and i'm afraid to ask. now the law reads the UST has 60 days past the 341. that has past. Wouldent the UST have to file something on Pacer by day 60 ?? or can they file it past day 60 and back date it ?? looks like another sleepless night

[screentest]

Albacore,

Thanks for keeping us informed. I am following your story closely as I am filing in the same court as you here in the IE in less than 7 weeks. After reading this now I am freaking out again.

I am running your story by my attorneys as well to get some advice and see if they have heard of this before out of Riverside. Hope everything goes well!!

I cant believe they have the time to nit-pick a petition like this.

[albacore44]

Ok, since i could not just sit here wondering, i called the Attorney and spoke to his wife. The UST was supposed to fax a continuation sheet friday to be signed to my Att's office and faxed back, but it was never received by my Att. so they are taking the stance that its too late, even though they are sort of obligated since it was verbaly discussed over the phone thursday. so as she said "we believe" it slipped through the cracks. and we don't believe the UST will attempt to push it due to embarassment for missing the deadline, and that they don't take on Joe due to his reputation. so the call ended with we will call you if anything changes.

Well not the certainty i was looking for, but it will have to do.

[justbroke]

They have missed the bar date. I have read one judge who didn't CARE that the parties agreed. The date is the date.

[liz417]

I think the UST was just poking around looking at your petition, your answer satisfied him and he won't be filing for an extention (besides, it's TOO late!).

I'll keep my fingers and toes crossed for you

[keptdigging]

Indeed sounds like you probably slipped through the cracks of an overwhelmed or undercompetent UST. Unfortunately the best strategy for such a situation is probably to quietly let the days accumulate which means no closure.

I haven't filed yet and I already want to throttle anyone who talks about bk as "taking the easy way out" or those attys on the radio who make it sound like you spend an hour filling out forms and you are debt free.

So many times I've asked myself, "Come on... there must be some clever way I can just pay these bills." (No not even close.) I mean this all goes away if I could just figure out how to do what I did for decades: pay.

And I haven't even filed yet.

[albacore44]

yeah, i'll consider it a done deal. if i don't see a discharge on Pacer this week, i'll call the court clerk on monday, and see if i can sweet talk them into pushing it out.

[2manybills]

yeah, i'll consider it a done deal. if i don't see a discharge on Pacer this week, i'll call the court clerk on monday, and see if i can sweet talk them into pushing it out.

And you can bet that if they filed something on Pacer, it shows up within minutes on the internet. You would see it.

You may not see your discharge right away though Albacore only because the court's are so backed up. We were due to discharge around October 4 and did not receive our discharge until December. We were about 110 days from our 341. But the code is the code.