can't sleep, can't eat, can't focus

[kmbk2b]

Hi everyone,

I need help, but first, please let me say THANK YOU for all of the information on this board!!! I've spent hours pouring over everyone's posts and support. I never would have known about Pacer without this forum, too.

I am in the dreaded 60 day post-341 wait period and I can't sleep, eat, etc. I am so anxious I can barely function! We are an asset case (Chp7). We "passed" the means test, however, we are over the median income for our state. The UST did not file a Presumption of Abuse within 10 days of our 341, however, we know that our trustee is hunting for assets right now (one car is over the exemption limit and we have a couple thousand dollars of other non-exempt assets). We are also surrendering our home, but we included our current mortgage payment on our means test.

It seems that several people here have received notice of a "60-90 day extension" (on their discharge deadline) within a day or two of their deadline. My question is, for those of you who received these last-minute notices, did you have any other notice within the 60 days after your 341? Was the extension a follow-up on an presumption of abuse or other notification? I'm just wondering what the chances are that all will be "quiet" and then we will get hit on day 59 with some extension.

I would love to hear what others have experienced.

Thanks!!

[outofdebt201]

Have you spoken to your lawyer about this issue you have? He/she would know the complete picture of what your going through and would know what your trustee has done in the past.

Remember just breath.

[kmbk2b]

Our attorney has basically said that the Trustee will likely come back with an offer for us to buy back our non-exempt assets, and we may or may not hear anything before the 60 days are up. I'm just getting concerned by people who post that their discharge deadline is getting pushed out by 2-3 months. :-( This is already torture -- it must feel terrible to have that time extended out even more!

I'm also worried that even though the UST didn't file for presumption of abuse, the Chp 7 trustee might try to kick us into a 13 (can he do that, or am I being paranoid?). We were totally up front on all of our schedules -- listed everything, even things that would have been easy to hide. We were moderate/conservative on our means test. We just want to be honest and direct and get this thing over with!!! (I'm sure this is what everyone wants, right?)

[frogger]

Just chill and be patient. BK takes time, and it works according to the law as it should. Just be patient and don't stress yourself out.

What will be, will be.

[StartingOver08]

The Ch 7 trustee would rather collect on a Ch 7 asset case then put you into a Ch 13.

Remember, there are (usually) separate trustees for Ch 7 and Ch 13.
If you are a NO ASSET case the trustee makes about $60 on your case (that's it). If the Trustee can turn you into an ASSET case, then he/she also gets a %'tage of your assets over your exemption amount. If the percentage for your area is 10%, like it is here in Fl, then the Trustee will get the $60 + 10% of the negotiated buy out of your non-exempt assets. Bottom line: It works out to the Trustee's favor to keep you in the Ch 7 and to find non exempt assets for which you have to pay/buy back.

[kmbk2b]

Bottom line: It works out to the Trustee's favor to keep you in the Ch 7 and to find non exempt assets for which you have to pay/buy back.

Thank you -- that makes sense. I am trying so hard to chill, but the anxiety is taking over. It's been about 3 weeks since our 341 and I just started really going nuts a few days ago. I need to find a way to keep myself distracted until we get some news. I can handle whatever happns -- it's the unknown that kills me!!!