Does the bk judge really look at the petition or goes along with the trustee?

[kmmom]

Eastern District - nervous wreck - 341 - ok - as of Pacer - trustee listed us as no asset and asked to be released - PAcer states awaiting discharge - have until JAnuary 4 - what happens in between? Not hiding anything - just do not trust the system. We did not reaffirm our mortgage and it would just be like Chase to pull something - what I can not imagine - but they are idiots.

[frogger]

The bk judges place a lot of trust in their trustees, but do they look at the petitions? Maybe, maybe not. I'm sure that they are different factors that require different levels of scrutiny.

[catleg]

The BK judge is only going to get involved if there is a dispute of some kind in the case. Otherwise it's kind of an autopilot system, the parties to the case (including panel and US trustees) receive notice; if nobody objects it sails through.

[tobee43]

i'm the cat on this...usually the judges rely on the trustees and their staff. i know we were asked numerous question prior to our 341 by the trustee's paralegal and had to answer a series of questions prior to actually going to our meeting...thereby, resolving most questions before...


when we got our orders they were signed by the judge...but we never saw a US trustee nor a judge at anytime...and personally, i think they just left it up to the staff in our area.

[HHM]

Nearly everything that happens in BK happens automatically unless someone objects.

So, when you file BK, so long as no one objects to anything, the BK case goes through automatically, the judge never sees the petition. The only time the judge gets involved is if a party (trustee, creditor, debtor etc.) asks the judge to get involved by filing some sort of motion, objection, or adversary proceeding. 90% of BK's go through without the judge ever touching the petition.