What to do when a Trustee does not respond/file - 10 days after 341 and not a peep...

[tobee43]

So this "Report of No Distribution" could be immediate or could literally drag out for all 60 days....correct? Just making sure I have the legal timeline down pat.

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It was this "Report of Non Distribution" that has historically been posted within 48 hours of the 341 in my district - yet has not happened on any of the cases that took place the day I had my 341.

we rec'd BOTH notices on day 62.....we did not use pacer...the order was signed within 24 hours of the 60th day....so actually day 61....then sent out in the mail to us which reached us in one day...day 62....BOTH are signed and dated the same day...again...it's day 61....but i don't how it showed up on pacer...i would think it would have since both orders were signed on day 61.

[gman]

we rec'd BOTH notices on day 62.....we did not use pacer...the order was signed within 24 hours of the 60th day....so actually day 61....then sent out in the mail to us which reached us in one day...day 62....BOTH are signed and dated the same day...again...it's day 61....but i don't how it showed up on pacer...i would think it would have since both orders were signed on day 61.

I'd guess they were up on PACER sooner than that. I seem to recall you did not have a PACER account. By the way - probably a good thing. It can be an OBSESSION - haha.

Anyway - it just seems strange that the cases on my 341 hearing date are not posting any Report of No Distribution filings for anyone - when typically people have been getting results in 48 hours. Oh well, guess its time to simply sit and wait.

[tobee43]

I'd guess they were up on PACER sooner than that. I seem to recall you did not have a PACER account. By the way - probably a good thing. It can be an OBSESSION - haha.

Anyway - it just seems strange that the cases on my 341 hearing date are not posting any Report of No Distribution filings for anyone - when typically people have been getting results in 48 hours. Oh well, guess its time to simply sit and wait.

LOL!! yes, you know i'm anti PACER..because it drives people CRAZY at such a stressful time.

g...i know this is hard for you...but try and relax and eat turkey and football..k... hopefully you will hear shortly...i hope for you..

[researchnerd]

I'm also in the Northern District. We had our 341 on 8/25, and didn't receive the panel Trustee's Report of No Distribution until 9/16 - more than three weeks later. I agree that the Report of No Distribution is important, as it essentially tells your creditors that you have nothing of value for them to take.

Concurrently, our UST's Notice of Presumed Abuse was filed 9/7 and then formally abandoned on 10/5. Talk about a rollercoaster! Hang in there.

[gman]

I'm also in the Northern District. We had our 341 on 8/25, and didn't receive the panel Trustee's Report of No Distribution until 9/16 - more than three weeks later. I agree that the Report of No Distribution is important, as it essentially tells your creditors that you have nothing of value for them to take.

Concurrently, our UST's Notice of Presumed Abuse was filed 9/7 and then formally abandoned on 10/5. Talk about a rollercoaster! Hang in there.

Wow. That is an interesting roller coaster ride for sure - and an interesting sequence:

8-25 = 341 Hearing
9-7 = Presumed Abuse Filed
9-16 = Report of No Distribution
10-5 = Presumed Abuse Abandoned

Curious as to what was the possible reason you had for the Presumed Abuse being filed. If you can share in the public forum since your case is now likely discharged - great...if not, perhaps you can send me a private message?

Also, did you receive any requests for additional documentation that cleared up your Presumption of Abuse?

I am going to guess you were an over-the-median income filer, like me, and may have been cutting it close on the Means Test, and this is where the Presumption of Abuse was coming from. Am I right, or was it something else that caught the Trustee's eye?

Thanks for sharing!

[BKlooker]

As others have said, it sounds like you just have a district that is slow to update their stuff. If there was a big problem, you would likely know it by now (my 2 cents anyway). Enjoy the long weekend and maybe check back online on Monday evening just to see if there is any movement

[researchnerd]

gman, you're right about the Presumed Abuse. I think it was automatic because we were well over median, although we had ~$300 negative DMI if I recall correctly. As someone here told me, if we hadn't been flagged for presumed abuse, the UST wouldn't have been doing his job.

The UST did indeed request additional info -- our most recent tax return (which they already had), 3-4 months of pay statements and bank statements, documentation of expenses (I just used the bank statements), and a short letter explaining the circumstances which caused us to convert from Ch13 to Ch7. I think they just wanted to be sure that we weren't hiding any income or exaggerating expenses.

[gman]

gman, you're right about the Presumed Abuse. I think it was automatic because we were well over median, although we had ~$300 negative DMI if I recall correctly. As someone here told me, if we hadn't been flagged for presumed abuse, the UST wouldn't have been doing his job.

The UST did indeed request additional info -- our most recent tax return (which they already had), 3-4 months of pay statements and bank statements, documentation of expenses (I just used the bank statements), and a short letter explaining the circumstances which caused us to convert from Ch13 to Ch7. I think they just wanted to be sure that we weren't hiding any income or exaggerating expenses.

I was over the median (by less than $10k) and was also minus $100 or so on the Means Test DMI and (more importantly) have only collected unemployment since July and am -$4,000 or so on Schedule J.

Exactly WHEN did they ask you for the additional documentation in relation to your timeline?

Personally, I brought my 2009 tax return to the 341 and that's all so far, but I am loaded with receipts and spreadsheets if needed.

[researchnerd]

My appearance attorney told me about the request for additional info on the day of our 341, so it would have been requested sometime before then. The request was emailed directly to my attorney from the UST; there was nothing filed with the court so it wasn't visible on PACER. It took me a week or so to get a copy of the actual request from my attorney, but I have no idea when he actually received it because he conveniently omitted the date when he forwarded the email to me.

[gman]

My appearance attorney told me about the request for additional info on the day of our 341, so it would have been requested sometime before then. The request was emailed directly to my attorney from the UST; there was nothing filed with the court so it wasn't visible on PACER. It took me a week or so to get a copy of the actual request from my attorney, but I have no idea when he actually received it because he conveniently omitted the date when he forwarded the email to me.

That's interesting because since I am filing Pro Se, the request you mentioned would have come directly to me. Tomorrow will make 14 days without a peep from the Trustee's office on PACER, telephone, email, snail mail, etc...

I am taking silence as good news. I am also taking that 10 days came and went and there was no filing of any challenge to my Means Test.

All of this will become great news when I see the Report of No Distribution - and I will crack the bubbly when I am discharged (in 46 days - God willing!!!)

[tobee43]

it's beginning to sound like the middle district of florida up there in georgia!!

hope it gets better for all of you!

[gman]

it's beginning to sound like the middle district of florida up there in georgia!!

hope it gets better for all of you!

I think they are just swamped - pure and simple. If I was the only case not reported on, well maybe then I'd be sweating. But the entire docket my day has not heard a peep.

I read somewhere where my District is in the Top 10 in the nation for sheer number of filings. Middle Florida has got to be in the Top 5 I'd guess.

[tobee43]

I think they are just swamped - pure and simple. If I was the only case not reported on, well maybe then I'd be sweating. But the entire docket my day has not heard a peep.

I read somewhere where my District is in the Top 10 in the nation for sheer number of filings. Middle Florida has got to be in the Top 5 I'd guess.

you most likely correct g....most likely many of the bk courts are fulled booked.

[biotechsolution]

gman the 10 day window is usually for conversion to chapter 13. You objection will most likely come from the UST which could come up to day 60 and they could always ask for an extension of time at day 60 also. When the objection comes later it will be a non 707(b) objection but it pretty much is same thing.

[gman]

gman the 10 day window is usually for conversion to chapter 13. You objection will most likely come from the UST which could come up to day 60 and they could always ask for an extension of time at day 60 also. When the objection comes later it will be a non 707(b) objection but it pretty much is same thing.

True, but from the research i did yesterday, if the Trustee does not object to the Means Test by the 10th day, they lose the Presumption of Abuse argument. (There is caselaw out there to support this.) This means they must go with a much tougher route to object - they must argue Totality of Circumstances which is a much higher bar to have a case dismissed - and they also cannot argue to have it converted to a Chapter 13 (because that is what part of the 10 day report is all about.)

I think my Trustee likely did his report by the 10th day - and PACER is not up to date due to the volume of cases. Time will tell.