11 USC 704 (b)(1) US Trustee 10 day deadline

[justbroke]

My attorney says the Panel Trustee is waiting for the US Trustee to review my case for 707(b), but, justbroke helped me to conclude that there is no reason for the Panel trustee to wait for the US Trustee before they file me a no distribution. Now I am wondering why my attorney told me the Panel trustee was waiting for the US Trustee, when they are unrelated as to assets versus income.

It just doesn't make sense and I have seen many cases where the "No Distribution" was filed (quickly) and then, later, the UST files a motion for Abuse or "Circumstances". The key is, that the Panel Trustee doesn't want to "waste" his/her time either. In your case, perhaps the panel Trustee is just not wanting to "waste" any time on a case that may be dismissed.

[filed]

It just doesn't make sense and I have seen many cases where the "No Distribution" was filed (quickly) and then, later, the UST files a motion for Abuse or "Circumstances". The key is, that the Panel Trustee doesn't want to "waste" his/her time either. In your case, perhaps the panel Trustee is just not wanting to "waste" any time on a case that may be dismissed.

Funny thing is, I am supremely confident that we have no 707(b) issues, but, it is very reasonable that the US Trustee wanted to have a closer look. We were slightly over the median, but, my last business attempt was a miserable failure and I contributed zero to our income for last 6 months - actually, last 2 years for what its worth.

The US Trustee wanted to know why I had made no money, and I provided all the statements, etc...that they wanted and answered all questions forthrightly. The truth is, I made no money, and with our modest expenses including childcare we are comfortably under the means test.

Now, the 10 days has gone by, and, we did NOT get a notice of POA, so, that is good, now I just need the Panel Trustee to go ahead and file the notice of no assets/no distribution-problem is, I have no way of knowing when, or if, they will do this. It seems they can take up to 60 days, or more, if they like. Meanwhile, I need to either get this darn vehicle repaired or make some other arrangement. Just feels like my hands are tied.

My attorney said "The Panel Trustee is just waiting for the US Trustee to review. As long as nothing pops up, you are easily no asset and will be done very quickly". I am sure there is little profit in worrying, but, I am trying to figure out when I will know something about asset/no asset so I can figure out what to do about the vehicle. I suppose I should be worried about the US Trustee and 707(b)(3), LOL, but, that is just not concerning me. I think at least I know I can stop thinking about 707(b)(2) now that the 10 days has passed with no Notice of POA

[justbroke]

The not so funny thing is this. An asset determination has absolutely NOTHING to do with a discharge! That's why it is peculiar in a no-asset case, for a panel Trustee to wait until the UST is done reviewing before filing such. Normally, panel Trustees want "out" as soon as possible -- if they are making no money on the case.

I would say... don't worry! I would certainly not worry about a "no asset" report messing with your discharge. The only thing that unseats or stops a discharge, is a complaint filed by the UST to deny the discharge. An asset determination has no bearing. However, to make it nice and tidy, it's good to procedurally have the "asset disposition" (no asset report or preliminary distribution report) by the time of the discharge.

That's my opinion. Districts do vary, but I have seen, at least in Florida, that the "no asset" reports come rather quickly!

[filed]

The not so funny thing is this. An asset determination has absolutely NOTHING to do with a discharge! That's why it is peculiar in a no-asset case, for a panel Trustee to wait until the UST is done reviewing before filing such. Normally, panel Trustees want "out" as soon as possible -- if they are making no money on the case.

I would say... don't worry! I would certainly not worry about a "no asset" report messing with your discharge. The only thing that unseats or stops a discharge, is a complaint filed by the UST to deny the discharge. An asset determination has no bearing. However, to make it nice and tidy, it's good to procedurally have the "asset disposition" (no asset report or preliminary distribution report) by the time of the discharge.

That's my opinion. Districts do vary, but I have seen, at least in Florida, that the "no asset" reports come rather quickly!

What I meant to say was that I am not really worried about getting the discharge, I just need to get the "no asset" report so I can get the vehicle repaired, or make some other arrangement for a vehicle.

[filed]

The not so funny thing is this. An asset determination has absolutely NOTHING to do with a discharge! That's why it is peculiar in a no-asset case, for a panel Trustee to wait until the UST is done reviewing before filing such. Normally, panel Trustees want "out" as soon as possible -- if they are making no money on the case.

I would say... don't worry! I would certainly not worry about a "no asset" report messing with your discharge. The only thing that unseats or stops a discharge, is a complaint filed by the UST to deny the discharge. An asset determination has no bearing. However, to make it nice and tidy, it's good to procedurally have the "asset disposition" (no asset report or preliminary distribution report) by the time of the discharge.

That's my opinion. Districts do vary, but I have seen, at least in Florida, that the "no asset" reports come rather quickly!

justbroke, I know you have lots of experience, and I value your opinion. The fact that you think its peculiar is exactly what is scaring me, making me think I actually have some sort of problem with the Panel Trustee and assets.