top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Paperwork Requested really late in the process ... cause of extension?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Paperwork Requested really late in the process ... cause of extension?

    I was due to be discharged 12/27. Around 12/12 my lawyer contacted me saying that the Trustee needed bank statements for a year, pay stubs for a year and all of my secured debt statements. They also wanted me to write a letter explaining why I was filing chapter 7 and they also wanted all of my childcare expenses as well as family education expenses. They needed all of this information in one week or my case would be dropped.

    1. Why was this requested only 2 weeks before my discharge date?
    2. Or did my lawyer get this request earlier and forget to tell me?
    3. Is this normal to ask for all this information.

    My case was then extended to 1/27 and then to 2/27. My lawyer is saying that this is normal and it is just because the courts and the paralegals were busy and with the Holidays etc... This all makes we nervous. Sounds like they are looking for something.

    Any input that will make me feel better?

    #2
    Normal? Yes, to BK in general, though not common for most people. They could be looking at something; then again, this could just be a random audit (that happens).

    Hard to say...

    Comment


      #3
      Looking back on your earlier posts, it appears that you have some "warts" on your file - expenses that changed within a certain timeframe, which in your words "barely" helped you pass the Means Test. I'll amend my previous post and say that this is likely the cause for the in-depth examination. I'd venture a guess that the Trustee is looking closely as to whether you will be moved to a Ch 13. Not to say that will happen; just that the Trustee probably wants to see your history of expenditures to see if what you said in your filing can be backed up with evidence.

      Sometimes Trustees look only at the empirical evidence to draw conclusions, ignoring necessities and the variegations of living. If the Trustee says "presumption of abuse" based on your bank statements and expenses, it will be up to your attorney to make his fee by trying to enlighten the Trustee with the reasons for the expenses and get the Trustee to accept the explanation as valid.

      Comment

      bottom Ad Widget

      Collapse
      Working...
      X