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US Trustee was Unjust. Yes/No???

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    #16
    I agree with Justbroke that the US trustee would not take a ring at a 341. But a panel trustee could very easily take non exempt valuables right at the 341. The filer can negotiate with the panel trustee for the item or find a way to exempt it and amend the petition. Also, the panel trustee has the right to keep the case open once assets have been found in a chapter 7 and it is up to the filer to go before the judge with a valid reason of why the case should be dismissed. Wanting to keep an asset of the bk estate is not a valid reason for dismissing a chapter 7.
    You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

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      #17
      This case doesn't pass the smell test....

      During the 341 meeting the us trustee asked if we had the engagement ring So the trustee knew about the ring, so it must have been in the filing, so the attorney knew about it, and the debtor brought the appraisal to the 341 so they knew it was an issue. What happened should not have been a surprise, the attorney should have explained it to the debtor.

      would rather voluntarily withdraw the case You can do this in a Ch 13, but for a Ch 7 you have to show cause. Again, the attorney should have explained this to the debtor.

      creditors whom we are almost complete in paying off two months after the 341 and creditors are almost paid off? This does not sound like a typical Ch 7....

      I think the OP and attorney have a huge communication problem and this is the root of the troubles.....

      Tom in Colo
      Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

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