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

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    #31
    Checked PACER again this morning. No update.

    So, I called the US Courthouse. Lady there was actually very helpful. She said the "Ten Day Report" is many times not filed - and when it is not - it is a good thing for the debtor. I know from reading the law that this means that the Trustee has accepted my Means Test and no longer has the right to argue to dismiss my case or convert it to a Chapter 13 due to the Means Test. That bullet is no longer in his chamber.

    In my case, she looked (not in PACER - in the actual file) and said no Ten Day Report was filed.

    My next "deadline" is Dec 10, the last day for the Trustee to object to my property exemptions. After that, Jan 9 for a discharge!

    One bullet dodged - two more to go!

    :yahoo
    Over Median Income - 10/04/10--Filed Pro Se Chap 7/ No Assets 11/10/10--341 Held 01/18/11-- No Distribution/No Funds 01/19/11--Not subject to dismissal under 521(i)(1) AND --Reaffirmation Hearing Held = APPROVED 02/10/11--Discharged

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      #32
      Great! Now go relax and enjoy your Thanksgiving, the 60 days will be over before you know it!

      Comment


        #33
        Amen...see I told ya it was just general laziness at the courthouse at work...Happy Turkey Day!
        Ch7 no asset Filed 11/23 341 12/21 discharged: 2/22/11 I am soooo totally not a lawyer, but i wish i had married one! Does that count for anything?

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          #34
          Originally posted by gman View Post
          Checked PACER again this morning. No update.

          So, I called the US Courthouse. Lady there was actually very helpful. She said the "Ten Day Report" is many times not filed - and when it is not - it is a good thing for the debtor. I know from reading the law that this means that the Trustee has accepted my Means Test and no longer has the right to argue to dismiss my case or convert it to a Chapter 13 due to the Means Test. That bullet is no longer in his chamber.

          In my case, she looked (not in PACER - in the actual file) and said no Ten Day Report was filed.

          My next "deadline" is Dec 10, the last day for the Trustee to object to my property exemptions. After that, Jan 9 for a discharge!

          One bullet dodged - two more to go!

          :yahoo
          g!!!!!!! i'm so happy to hear this...we just got back from north carolina....so i didn't see your post until now!! i hope you had a wonderful and PEACEFUL holiday!!!
          8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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            #35
            Originally posted by tobee43 View Post
            g!!!!!!! i'm so happy to hear this...we just got back from north carolina....so i didn't see your post until now!! i hope you had a wonderful and PEACEFUL holiday!!!
            Thanks! We had a good holiday!

            All is quiet still on my case and everyone else's in my district. Crazy but we still have no update on any of our cases, and no requests for more information.

            Over Median Income - 10/04/10--Filed Pro Se Chap 7/ No Assets 11/10/10--341 Held 01/18/11-- No Distribution/No Funds 01/19/11--Not subject to dismissal under 521(i)(1) AND --Reaffirmation Hearing Held = APPROVED 02/10/11--Discharged

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              #36
              Congrats gman! Sometimes no news really is good news.
              DH laid off 3/08 | Last mortgage payment 12/09 | Filed Ch13 5/10 | Converted to Ch7 7/10 | 341 held 8/10 | AP filed by secured creditor 10/10 | Ch7 discharged & closed 11/10 | Foreclosure 10/2011

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                #37
                That's great news! You're definitely in the 60 day club now. Woohoo!
                Filed Ch. 7 on 9/30/10---341 11/12/10---Report of No Distribution 11/16/10

                Discharged 1/21/11 Closed 1/26/11

                Comment


                  #38
                  We had guests for the holiday and I didn't see your update either, gman!! Yay!! I am so happy for you!
                  ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
                  Not an attorney - just an opinionated woman.

                  Comment


                    #39
                    Originally posted by gman View Post
                    Thanks! We had a good holiday!

                    All is quiet still on my case and everyone else's in my district. Crazy but we still have no update on any of our cases, and no requests for more information.

                    LOL!! there is POWER in numbers!!! so if it's everyone that is really good news...and i'm glad you had a nice holiday!
                    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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                      #40
                      Dec 10 is the deadline for objecting to my asset exemptions.

                      As of 3pm ET today - the Trustee still has not made any filing on my case (or anyone else's from my 341 hearing day.)

                      23 days down - 7 to go!
                      Over Median Income - 10/04/10--Filed Pro Se Chap 7/ No Assets 11/10/10--341 Held 01/18/11-- No Distribution/No Funds 01/19/11--Not subject to dismissal under 521(i)(1) AND --Reaffirmation Hearing Held = APPROVED 02/10/11--Discharged

                      Comment


                        #41
                        Originally posted by gman View Post
                        Dec 10 is the deadline for objecting to my asset exemptions.

                        As of 3pm ET today - the Trustee still has not made any filing on my case (or anyone else's from my 341 hearing day.)

                        23 days down - 7 to go!

                        6.5...by my calculations!!! LOL!!!
                        8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                        Comment


                          #42
                          Originally posted by gman View Post
                          Dec 10 is the deadline for objecting to my asset exemptions.

                          As of 3pm ET today - the Trustee still has not made any filing on my case (or anyone else's from my 341 hearing day.)

                          23 days down - 7 to go!
                          I really think you would have heard by now, our trustee filed a motion to extend time to object to exemptions the day after our 341.

                          Comment


                            #43
                            As of this morning....still no update in PACER on my case or anyone else's. Trustee has until close of business on Friday to object to asset exemptions.

                            Also no contact from his office requesting additional information.

                            So far = so good!
                            Over Median Income - 10/04/10--Filed Pro Se Chap 7/ No Assets 11/10/10--341 Held 01/18/11-- No Distribution/No Funds 01/19/11--Not subject to dismissal under 521(i)(1) AND --Reaffirmation Hearing Held = APPROVED 02/10/11--Discharged

                            Comment


                              #44
                              Yay gman! Got my fingers and toes crossed for you.
                              DH laid off 3/08 | Last mortgage payment 12/09 | Filed Ch13 5/10 | Converted to Ch7 7/10 | 341 held 8/10 | AP filed by secured creditor 10/10 | Ch7 discharged & closed 11/10 | Foreclosure 10/2011

                              Comment


                                #45
                                Originally posted by researchnerd View Post
                                Yay gman! Got my fingers and toes crossed for you.
                                Still not a peep from the Trustee...about 31 hours until his next deadline tomorrow!
                                Over Median Income - 10/04/10--Filed Pro Se Chap 7/ No Assets 11/10/10--341 Held 01/18/11-- No Distribution/No Funds 01/19/11--Not subject to dismissal under 521(i)(1) AND --Reaffirmation Hearing Held = APPROVED 02/10/11--Discharged

                                Comment

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