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

[chriselle]

The UST will put your attorney on alert if they are filing for an extension or anything. JB is right, they file it with the clerk on the last day of objections. On your case, they will probably request and extension or subject you to R. 2004 exam. That is when you must have a good lawyer. Goodluck

[blockhead]

"Is my failure to voluntarily provide bank records, when nobody asked for them, in itself a red flag for the UST?"

No, you supply what is asked for, nothing more, nothing less.

[StartingOver08]

Blockhead is right. You only supply exactly what is requested by the panel Trustee or the UST, or your attorney.

[billycool]

thanks all...

My atty seems to think it'll be one way or another.....they'll either motion to dismiss, or do nothing and let me through. What you're saying makes more sense, that they would motion to extend and further examine my financials........we'll see.

One thing I'm wondering about is that my atty is sort of taking a 'ok, we've given them everything, let's just sit back and wait' attitude.....it seems to me that we should be lobbying the trustee....not pestering her, but just maybe one last phone call to stay in front of her and make my case......reiterating some points, such as there would be virtually no (if any) dividend in a hypothetical Ch 13....I may not qualify for a 13, anyway.....not a repeat filer, etc etc......I hate to question my atty, but I feel the need to be proactive in the next 48 hours, as opposed to sitting on my hands.

[BCA2009]

I know it's hard ot sit on your hands, but I can't think of any benefit from proactively contacting the UST at this point. If the UST has made up his mind, then contacting him won't matter. Maybe he'll get busy and just drop it. I believe Albacore had the exact same experience a few weeks ago, do a search for his screen name. The trustee told his attorney that they were going to file an extension and they never filed.

Just my opinion, but I'd wait it out.

[billycool]

ok, thanks...

...although I don't think the UST has made up her mind yet, or at least she shouldn't have, as we just faxed her more documents this morning. It just seemed to me that if she has a creditor's attorney whispering in her ear, that it might benefit me to have my atty in front of her sort of making my case before she makes her final call.

Thanks...

[justbroke]

The best way to overcome this is with documentation.

Standard litigation technique... bury them in paper!!!

[billycool]

hmmm....really?

would that make it worth my while to have my atty fax over a ton of other stuff to try and 'bury them in paper', or am I asking for trouble in doing so?

Standard litigation technique... bury them in paper!!!

[justbroke]

would that make it worth my while to have my atty fax over a ton of other stuff to try and 'bury them in paper', or am I asking for trouble in doing so?

It's a "response" strategy. But, it can be a preemptive strategy. By preemption, you basically determine that they want to look at all your finances... so you send ALL your financial records for as many years that you have. Just bury them!

I thin kit was TooManyCards (a BKForum member) that sent in over 400 pages of financial documentation to the UST. It can be a winning strategy. It basically says, first, that you have nothing to hide. (Or that what you have to hide is buried so deep, you'll never find it anyhow!)

[BCA2009]

Billycool,

Give us an update. You passed the 60 day mark, did the UST object or file and extension?

[AlmostAmos]

Billycool,

Give us an update. You passed the 60 day mark, did the UST object or file and extension?

+1 Don't leave us hanging!

[billycool]

I'm an idiot

Read the calendar wrong and realized a few days ago that *today* is Day 60...perhaps the ultimate newbie mistake.

My atty called this morning and said his last conversation with the UST, reading between the lines, that he expects a motion to object today. So, ouch.

But, we'll see.......11:08 EST and nothing yet on PACER....I can hope...or drink....or both.....

[justbroke]

Crossing our fingers that the UST forgets or doesn't.

[GettingGoing]

I am pulling for you too Billy. Keep us updated.

[punisher338]

Crossing our fingers that the UST forgets or doesn't.

What he said!