Wish me luck, Day 56 but storm clouds brewing...

[billycool]

shot down

'motion to extend the deadline for filing a motion to dismiss this case under 11 usc 707b3 and to defer the granting of a discharge'

Am despondent.

[AlmostAmos]

Ugh.

[justbroke]

Yuck!

[newbie2]

'motion to extend the deadline for filing a motion to dismiss this case under 11 usc 707b3 and to defer the granting of a discharge'

Am despondent.

Don't give up. Just because they filed for an extension doesn't mean they will be able to accomplish what they want. So sorry this has happened to you.

[BCA2009]

Do they have to put a specific reason in the motion to extend? Has the UST told your attorney exactly what they are looking for? I know earlier you said potential hidden income, but do you know why they think that?

Just curious.


We're still pulling for ya'. Just send them all the info they ask for and rely on your attorney.

Good Luck!

[bobbyquefour]

This is everyone's worst nightmare...I will say the 60 day period was one of the worst times ever for me....I could think of NOTHING else.....I'm so sorry that this happened to you....this 11th hour stuff is for the birds, jeezz.......

I stress ate that whole 60 day period and gained back 20 pounds of 70 I had lost.....finally losing it again......so rough.

[billycool]

a couple of issues, I guess...

My atty said the UST was pissed because the 341 Trustee had listed my case as 'no asset' when, in fact, they're holding $5500 of garnished wages, and we've always stated my willingness to surrender that and my interest in a small real estate LLC and the equity in my truck. Apparently, the UST waited until Day 60 to resolve this, but couldn't get the 341 Trustee on the phone.....nothing like waiting til the last minute....don't really see how this is my fault and don't like that my discharge may've been jeopardized by this.

Also, the UST didn't like language in my separation agreement that referenced finalizing some numbers after my bankruptcy was complete. I get that, but it was my wife's attorney that drafted the document and it was because she hopes to get *more* support from me post-discharge once I can no longer claim consumer debts on my separation support worksheet. We disclosed all of this and, in fact, are days away from finalizing the final settlement, which will call for me paying her $500 *more* in support than I'm paying her now, plus giving her my *entire* retirement account.

Then, she apparently has had an attorney from the second mortage holder (the one who showed up at the 341) who has been whispering in her ear about this or that expense, which she referenced in the motion on Friday. None of them are big expenses, nor would they put me at positive cash flow if she were to disallow them all, which would be ludicrous. Every expense she referenced were expenses the creditor's attorney asked me about at 341, which tells me they've been communicating.

I'm hoping that this really comes down to the UST feeling like she can get her hands on those assets I referenced in the first paragraph and coming to terms with the fact that there was no subterfuge in my separation agreement (she hasn't alleged bad faith) and, in fact, the finalized agreement actually puts me in more dire financial straits, and then discharging instead of actually filing a motion to dismiss. If she really wants to make a run at 707b3, well, that would suck....

And, God as my witness, I have no idea where the 'hidden income' thing came from, although it seems to me if she really believed that, she would mention bad faith in her motion on Friday.

As to the question of whether or not they have to state some sort of a specific reason in the motion to extend, I'd love an answer to that myself. My guess is that they probably would, as judges would probably take a dim view of trustees just saying, hey, we'd like 60 more days just for the apparent hell of it..

[justbroke]

Well, hopefully the UST is only really trying to get the case administered properly by the Panel Trustee, and nothing more.

[billycool]

I gotta tell you....

...after looking at this thing closely, I'm halfway tempted to direct my atty to file an objection to her motion to extend.

The case has been listed as 'no asset' for nearly two months. She had time to fix any discrepancies. Waiting until Day 60 to try and reach the Panel Trustee isn't cool. Furthermore, she says there may be 707b3 abuse by citing three separate expenses, all three of them were asked and testified to at the 341. If she didn't like the answers, or needed more info, she's had two months to file an objection.

Also, she made a mistake in her filing. She says that I listed mortgage payments that I haven't made payments on in some time on my Schedule J, (which admittedly, it doesn't belong there....but, again, that was one of the three expenses that I testified to at the 341). But the number she cites is the total housing expense, including my current rent, not just the mortgage expense. That's about a $1400 mistake (or misrepresentation).

My atty said on Friday that it's better not to challenge, that I'd lose anyway, and all it would do is make it appear that I'm trying to hide something......but, I just think a case could be made and I believe there's case law out there where a judge has said, whoa, look, Mister Trustee, you've had 60 days....this would seem tailor-made for that.

[justbroke]

It could go either way. If your attorney is suggesting that you don't fight the extension, s/he probably knows more than I do. Sure there are cases where there is a genuine issue where the UST did not perform their duties until the last minute, but if the reliably waited on a part to the case (Panel Trustee, the debtor) for information, then they can easily get an extension.

It's up to you and your attorney if you want to fight over the 707(b)(3) issues.

[bobbyquefour]

...after looking at this thing closely, I'm halfway tempted to direct my atty to file an objection to her motion to extend.

The case has been listed as 'no asset' for nearly two months. She had time to fix any discrepancies. Waiting until Day 60 to try and reach the Panel Trustee isn't cool. Furthermore, she says there may be 707b3 abuse by citing three separate expenses, all three of them were asked and testified to at the 341. If she didn't like the answers, or needed more info, she's had two months to file an objection.

Also, she made a mistake in her filing. She says that I listed mortgage payments that I haven't made payments on in some time on my Schedule J, (which admittedly, it doesn't belong there....but, again, that was one of the three expenses that I testified to at the 341). But the number she cites is the total housing expense, including my current rent, not just the mortgage expense. That's about a $1400 mistake (or misrepresentation).

My atty said on Friday that it's better not to challenge, that I'd lose anyway, and all it would do is make it appear that I'm trying to hide something......but, I just think a case could be made and I believe there's case law out there where a judge has said, whoa, look, Mister Trustee, you've had 60 days....this would seem tailor-made for that.

I see your point, but the problem is the trustee DID have 60 days....and on that 60th day, as sucky as it is, they chose to object.....

[billycool]

actually she didn't choose to object...

she chose to ask for more time, so that she could accomplish what she should have been doing the previous 60 days and then object.

I just think it's abusive considering, again, that the items she listed in her motion to extend were all things that were asked and answered at the 341. If she didn't like my answers, fine, object......waiting until the 60th day and then saying, um, Your Honor, I need another 60 days to explore the issues that were brought up 60 days ago that I've done nothing about since.

[BCA2009]

she chose to ask for more time, so that she could accomplish what she should have been doing the previous 60 days and then object.

I just think it's abusive considering, again, that the items she listed in her motion to extend were all things that were asked and answered at the 341. If she didn't like my answers, fine, object......waiting until the 60th day and then saying, um, Your Honor, I need another 60 days to explore the issues that were brought up 60 days ago that I've done nothing about since.

I know it is racking your nerves, but extension of time to review things that you already you have good answers to is much better that dealing with an actual objection/motion to dismiss. It really sucks, but i think you just wait it out. Hopefully when she finally does review the info, she'll see that everything is OK and drop it.

How long is the extension for? Another 60 days?

[billycool]

thanks....

...for yours and others efforts to keep me off the ledge.

Yes, she asked for another 60 days.

[newbie2]

...for yours and others efforts to keep me off the ledge.

Yes, she asked for another 60 days.

Hopefully she won't take the entire 60 days to file something stating she is through reviewing and done with you. Hang in there!