Motion to extend deadline to object to debtor's discharge

[Konallc]

Our Trustee has filed a motion to extend deadline another 90 days to object to debtor's discharge. They've asked us for all tax returns for last 4 yrs and bank statements for past year. Do you think they're trying to prove that we had assets to transfer?

We didn't have any assets to transfer...we went from making a lot of money to one of us unemployed and I'm making less than 30% of what I used to make prior to filing BK.

Is this something we should be worried about if we have not transferred any assets?

If they object to discharge, can we withdraw our BK altogether and file chapter 13 to prevent it from being dismissed?

[biotechsolution]

you will be given the option of converting to a chapter 13, maybe, what are they using for an objection? 707(b) or 707(a) if it's (a) they think something fishing is going on.

[Konallc]

you will be given the option of converting to a chapter 13, maybe, what are they using for an objection? 707(b) or 707(a) if it's (a) they think something fishing is going on.

They are using 727...what does that mean?

[AngelinaCat]

Here is the link to the section on 727:

http://www.law.cornell.edu/uscode/usc_sec_11_00000727----000-.html

We had our case extended in a similar fashion once we were ruled an Asset case. We knew going in that we would be, as we had more things than what the exemptions in our state allowed.

[despritfreya]

DO NOT PANIC. The Trustee has a job to do. He is investigating your financial affairs to make sure all is in order. This is normal if you were living a high end lifestyle. If you have nothing to hide you have nothing to worry about. Let him do his job and cooperate to the fullest.

Des.

[frogger]

Honesty rules! As long as you were/are 100% honest, you have nothing to fear.

[Konallc]

Honesty rules! As long as you were/are 100% honest, you have nothing to fear.

We have nothing to hide. However, what they're asking for is also copies of front and backs of checks written from over 2 years ago from account that has been closed. The amount they're questioning is over $90K. All I know is we paid creditors, bills and a very high mortgage with most of that money. This was waaaayyy before we were forced to filed BK. I'm just wondering what would happen if we weren't able to account for how the money was spent.

Our attorney said if we don't have those records, to just let the trustee know that we don't have those records. We've recently been audited by Uncle Sam and this audit is demanding more information than Uncle Sam ever asked for. I feel like we've spent the past 1 1/2 year producing documents for Uncle Sam and now we have to go through the nightmare of producing even more. I can't wait till all this is behind us!

[tcreegan]

Hi Konallc,

They are using 727...what does that mean?

From a quick scan, 727 seems to be either not cooperating w/ documentation or looking for assets. Since you are not balking on documents, I suspect they are looking for hidden assets. Since you don't have any of those, I think you are in the clear.

Hopefully you can get through this w/o killing too many trees....

Tom in Colo