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

[ccsjoe]

Gman,

Fingers crossed, but sounds like the clerk got it right when they told you many times these things were just not filed and that was good news for you!!

[gman]

The deadline passed today for the Trustee to file any property exemptions.

Well - according to PACER he did not object to anything officially. I will find out for certain on Monday when I call the Courthouse.

30 days down.....30 to go!!!!

[gman]

Called the Courthouse and no filing took place last week. This means I am past the 30 day deadline for objecting to property exemptions.

26 days to go until my next deadline - the final day for any objection by the Trustee or Creditors.

[BKlooker]

As has already been stated by others, i think it's a safe bet that you are in the clear, gman. You would have known long before now if they really wanted to pick a fight with you or get involved at all. There would have been coorespondence in the mail and/or with your lawyer (if you have one) if they really wanted to come after you for stuff. In all the reading i have done on this forum from other's experiences, 90% of people know from the 341 meeting or before if the Trustee wants anything additional, and the another 10% find out of anything missing within 2-4 days of the 341 if anything is arye.

It doesn't make sense for a trustee to wait and pick at you 1-2 months later....he/she has moved on to bigger fish....like that clown you wrote about who was rich as triple chocolate cake and tried to get over on a CH7: http://www.bkforum.com/showthread.ph...e-are-my-notes

Sleep easy, my friend. My 341 is a week from today. Back to my cig n xanax diet.....

[SunshineGal]

My 341 is a week from today. Back to my cig n xanax diet.....

Hahaha!! Too funny....been there! Relax, you'll be fine.

[gman]

Back to my cig n xanax diet.....

You know - I looked all over the means test and did not find a line item for the cigs or the xanax....seems totally unfair...

[Fallonedward]

I have a question, if Pacer reports for me - Pending status: Awaiting Discharge - Flags: CASECHECKED

Does this mean I also need to receive a status of Report of No Distribution

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]

Well - this Sunday (Jan 9) marks the 60 day point from my 341 hearing (Nov 10)

PACER reveals:

1. Status shows: "There are no pending status records for this case."
2. No mention of a "Chapter 7 Trustee's Report of No Distribution - No Funds"
3. No mention of a "Order that this case is not subject to dismissal under 521(i)(1)"

In addition - I never heard from the Trustee.

The only update I have is my reaffirmation hearing (on my auto loan) has been set for later in January. That should be interesting as I am still unemployed. I did complete the request for reaffirmation given to me by my Credit Union - but they never contacted me after I completed it last month.

ANY WORDS OF ADVICE FROM ANYONE, ESPECIALLY ON THE REAFFIRMATION HEARING?

[csonly]

What would be the best way to check on Pacer, the status of other debtors that had their 341 the same day as me in my district? When I go on Pacer, I only look up my case, but now I'm curious if other debtors had any activity on their case after the 341 meeting yesterday. I don't want to get charged just for trying to figure this out!!

[nervous1]

I am also in Ga. Filed 11/30/10 and had my 341 meeting on 1/4/11. I thought I would breath a sigh of relief after the meeting, but I just can't (I'm a worrier and can imagine the worst case scenario). I check Pacer constantly. So far, latest update is 12/17/10 and I think that is probably the report that I finished the pre-discharge course.

I was on the 8:30 AM docket and was the 2nd one called. My attorney's office has an "on-site" attorney at the court house. Never had met her and she didn't show up until AFTER 8:30, so when the TT called my name, I told him my attorney wasn't there. Two seconds later, she appeared at the door. We sat down, he cked my DL and SS card, asked a few basic questions. My attorney told he everything went fine and that I shld just wait out the 60 days.

I still want to see the report of "No distribution." My page does say filed as "No assets," but that is the way my attorney filed, I'm guessing??

[csonly]

Dear Nervous1,

My name should be nervous2 because I feel the same as you. I also worry about everything and just want this to be over. I felt great the day we filed, like a burden was lifted, but after learning more and more about the process as we go along, the weights seem to be pile up again. Best of luck to you and everyone else on this forum. I've learned so much here and appreciate everyone!

[csonly]

gman,

I'm certainly a newbie here and really know nothing, but very confused why you would reaffirm a vehicle, especially if you are unemployed. That puts you back on the hook for the car. Like I said, I'm no expert and I'm not in your shoes, but why not just make the payments (if you can) to keep the car and surrender it later if you can't make the payments. I wish you all the best!

[gman]

I am also in Ga. Filed 11/30/10 and had my 341 meeting on 1/4/11. I thought I would breath a sigh of relief after the meeting, but I just can't (I'm a worrier and can imagine the worst case scenario). I check Pacer constantly. So far, latest update is 12/17/10 and I think that is probably the report that I finished the pre-discharge course.

I was on the 8:30 AM docket and was the 2nd one called. My attorney's office has an "on-site" attorney at the court house. Never had met her and she didn't show up until AFTER 8:30, so when the TT called my name, I told him my attorney wasn't there. Two seconds later, she appeared at the door. We sat down, he cked my DL and SS card, asked a few basic questions. My attorney told he everything went fine and that I shld just wait out the 60 days.

I still want to see the report of "No distribution." My page does say filed as "No assets," but that is the way my attorney filed, I'm guessing??

What I have noticed here in Georgia (and I'd guess it would be the same elsewhere) is that some Trustees file reports very quickly (and thus update PACER) while others (like mine) don't. I have followed some other cases that filed the same day as mine with the same Trustee - and they too have "no news" on PACER.

Until you see the actual report of "no distribution" as well as they final discharge - anything can happen. HOWEVER once certain post-341 deadlines are passed with no objections, it is very likely you are in very good shape.

Go here for more info:

http://www.bkforum.com/showthread.php?65006-Hope-this-helps-all-3-Deadlines-to-Sweat-Out-after-Your-341

[gman]

gman,

I'm certainly a newbie here and really know nothing, but very confused why you would reaffirm a vehicle, especially if you are unemployed. That puts you back on the hook for the car. Like I said, I'm no expert and I'm not in your shoes, but why not just make the payments (if you can) to keep the car and surrender it later if you can't make the payments. I wish you all the best!

I did a lot of research on this, and here is the reason why I made the legal motion to reaffirm:

1. There is no legal motion to do a ride and pay - I only had the options to (a) reaffirm, (b) surrender or (c) pay in full.

2. Since I want to keep the car - I did not want option (b).

3. Since I am broke - I cannot do option (c).

4. This left me with filing to reaffirm. I fully expect either the creditor or the judge to DENY my motion since I am still unemployed. Note that if I get a job tomorrow, my reaffirmation would likely be approved.

5. Assuming I am denied at my hearing - the creditor will have to decide what they want to do. Since I have not been late on my payments, they are likely to let me do a ride and pay. (I have been counting on family to help.)

6. If they decide to repossess the car, they have already told me they would contact me and not do a middle of the night repo. This is why it is important to call them ahead of time to find out their "unofficial" policy.

7. My car has some equity. Because of this if they opt to contact me for a repo, I can either (a) sell it or (b) refinance it with a subprime lender (having a family member co-sign will help.) I have received a SLEW OF JUNK MAIL asking me to refinance my car while in Chapter 7. It must be a booming business!

So - in a nutshell - the court process forces you to file a legal motion of one of the 3 options above - and I simply chose the one that works best for me.

Hope this helps enlighten many in similar situations.

[csonly]

gman,
That definitely does shed some light on your situation and I see now that is your best option at this point. We plan to ride and pay as long as they let us, which the lender said that we could do. We have really no equity in our vehicles and although we got reaffim offers, our attorney advised against it, so as long as they let us "pay and ride" that is what we will do. I must mention though, our reaffirm offer is very nice, saving a few hundred dollars a month and a much lower interest rate.