discharged but no determination of asset status (huh?)

[porkchopcash]

6/21 - court issued discharge on my bk7. Within 30 minutes I received a pdf copy of discharge order from lawyer's paralegal.

I am really glad I did not go with the cheapest attorney. I paid plenty but their professionalism is wonderful.

However, although I am discharged, the trustee has not issued a statement of whether it is no asset or not???

For clarification this is what happened:
One concern weighing on my conscience right before the 341 was the fact that I realized there was a potential real estate transfer that fell within the 2 year window that was not noted on my original petition. This is because I forgot about it, as it was a property that was scammed from me by a person who was supposed to be helping me with my problem.

When the trustee asked if petition was correct I said not completely and explained this honest omission. (I had relayed all of this to atty prior so there was no surprises for them) From that point forward, the 341 became much easier.

The trustee asked several questions about the real estate and my businesses but accepted my answers at face value without verification on most of it. I think my honesty about something she would never have known about helped my credibility.

At the end, she said this was a "no asset case" which are the magic words!! However, then she stopped and said she would hold up on that until I provided her with a copy of the deed showing the transfer I referenced and the date. I can get that documentation. She then thanked me for being honest and said she would be done with our case once she had that for the file.

I emailed the required documents to paralegal within about 2 days and she forwarded them to the trustee. Since then we have heard nothing.

My question for the experienced and professionals on this board is;
If there was any questions or concern about assets wouldn't the trustee have made some inquiry during the preceding 60 days?
Or stated another way, can I reasonably assume this is just an overlooked clerical function rather than think the trustee is going to bring up something about assets after the discharge even though they have been totally silent for the preceding 60 days?

[angles]

I would not be worried about it because you have your discharge, the most important part of this process - and congratulations BTW. The process is now in the Trustees hands and if she wants that property she will have to go after it. Since you don’t have it there is nothing more for you to do.

The Trustee is probably still looking into it, which is why you have not heard anything. Her process can take awhile but you can move on with your life without worry.

[porkchopcash]

angles, I am not so worried about that property. I am worried about other assets which I exempted.

[porkchopcash]

Well here we are one month later and no closing yet with nothing new filed in PACER.
I finally researched the court and called my case manager. He looked over the file and said they still had not received an asset determination from trustee. Said he could not close out the case until then.
I emailed my attorney's paralegal and she said she had contacted the trustee's assistant twice about this and did not think we should push the trustee any more.

Here is the question I have;
Since the trustee only has 30 days to object to your exemptions, then how could it be an asset case if they do not notify you before the end of those 30 days.
To make it an asset case wouldn't they have to object to one of my exemptions??

[tobee43]

Well here we are one month later and no closing yet with nothing new filed in PACER.
I finally researched the court and called my case manager. He looked over the file and said they still had not received an asset determination from trustee. Said he could not close out the case until then.
I emailed my attorney's paralegal and she said she had contacted the trustee's assistant twice about this and did not think we should push the trustee any more.

Here is the question I have;
Since the trustee only has 30 days to object to your exemptions, then how could it be an asset case if they do not notify you before the end of those 30 days.
To make it an asset case wouldn't they have to object to one of my exemptions??

one would think or hope, at least, most of the time it works that soon after the First Meeting of Creditors the court will decide whether or not your case is a no-asset/asset case. if your case is a no-asset then usually you get your notice soon after your discharge, however, i have seen it take well up to 2 months before the no distribution of asset order is issued.

i agree, your atty should most certainly know by now if there was a question pending about whether you were an asset case or not. as frustrating as this may be, it just may be the trustee's office is backed up. i know our atty had a relationship with the trustee's office and they spoke freely to each other both in the form of emailing and telephonic communication.

let's just keep thinking positive and it's just a paper back log issue!!