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237 days- what is taking so long!!!???

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    237 days- what is taking so long!!!???

    It has been 237 days since I filed Chapter 7. The last activity on PACER was in MAY and was a notice to employ for the trustee's law firm. This was after they took my car (unperfected lien) for auction. Is there something I should be doing or can do at this point? I am a pro se filer.

    #2
    Call the clerk of your BK Court first thing in the morning and ask to speak with your case worker. Have your case number handy, as that is what determines who is assigned to your case. Ask what is lacking from your file, and what you need to do/supply, etc. Also, as a pro se filer, you are acting as your own attorney. That means that you can call your trustee's office and ask what is going on with your case, w/o having to put up with the usual, "this is a question you need to be talking with your attorney", brush-off.

    The fact that your trustee had requested to employ a law firm, should have prompted you to action back in May. Why did they take your car? Are you an Asset case? Were you supposed to go for some kind of Examination before this law firm? Did you ignore a notice to attend?

    You really have provided no information to go on.....
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."

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      #3
      Thanks for the advise. I will call in the morning.
      The trustee filed to employ (his) own law firm (and himself), and at the same time filed to employ an auctioneer, and an appraiser. The car was taken because it had an unperfected lien, which essentially meant that I owned it free and clear (an asset). NY state allows for a $2400 vehicle exemption. It was worth $7500, so away it went.
      I have not missed any examinations, deadlines, or ignored any notices. My court fees are paid, amended schedules filed (as requested by the trustee at the 341 meeting) my counseling is done, basically every thing that I need to do is complete.

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        #4
        Originally posted by as125 View Post
        Thanks for the advise. I will call in the morning.
        The trustee filed to employ (his) own law firm (and himself), and at the same time filed to employ an auctioneer, and an appraiser. The car was taken because it had an unperfected lien, which essentially meant that I owned it free and clear (an asset). NY state allows for a $2400 vehicle exemption. It was worth $7500, so away it went.
        I have not missed any examinations, deadlines, or ignored any notices. My court fees are paid, amended schedules filed (as requested by the trustee at the 341 meeting) my counseling is done, basically every thing that I need to do is complete.

        But still call your case worker. We were never told, but we had to supply our marriage certificate. Not knowing this we were in limbo like you. The reason was we use two different surnames. This is not illegal to do, but not traditional. Once we faxed that item, we were discharged that day. 'Hub
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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          #5
          Originally posted by AngelinaCatHub View Post
          But still call your case worker. We were never told, but we had to supply our marriage certificate. Not knowing this we were in limbo like you. The reason was we use two different surnames. This is not illegal to do, but not traditional. Once we faxed that item, we were discharged that day. 'Hub
          Well I did call both. The clerk said she is issuing a discharge today, that I'm well due. However I'm still waiting on the sale of my car to finalize everything. I then called the trustees firm to get an update. My car was just appraised. I was given the 'wheels of justice....' speech. Three months they've had the car and it just got an appraisal- go figure. Thank you again for your help. I didn't think it was in my place or proper legal etiquette to be calling and bugging the court and attorney. Now I now better.

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