Got the discharge today, but, no idea if we are asset or no asset

[ValleYum]

Thanks, ValleYum...I will try calling the case manager as you suggest as long as you think this will not aggravate the trustee! Hate to ask a(nother) dumb question, but, how exactly do I get in touch with my case manager?

The Case Managers work for the Court (similar to court clerks) and I don't think they are in the Trustees' Offices. Call the bankruptcy court and give them your case # and they will connect you with your Case Manager. Sorry, I should have just typed this along with my initial suggestion.


ETA: Miss Moderator Cat beat me!! LOL I am just an echo today!

[angles]

there are always two orders issued:

1. an order of discharge
2. an order of close

yours was an asset case and didnt' close until the property was sold, and like so many for naught. these trustees, or many of them try to get every penny they think may be there and many times it turns out exactly like what happened in your case. while others trustees have sold assets and distribute the proceeds.

Thanks tobee. The property sold to an investor who installed new carpet in the living room and remodeled the kitchen and bath. He listed it at 100K above what he paid for it and its now in pending sale status. At least someone is benefiting from our misfortune.

[filed]

filed, I feel so bad for you!

Have you called your case manager simply to ask? Maybe a report is sitting in a que and needs someone to push a button - it can't hurt to ask - and calling them won't be the same as asking the Trustee (aka poking the sleeping lion with a stick).

Hope you find out something soon - I had hoped that was why I saw a post from you today.

ValleYum,

Since I STILL have heard absolutely nothing, I called the clerk of courts to speak to my case manager, and they refused to talk to me, saying that since I had an attorney, I had to talk to my attorney. I am pretty well beyond frustrated at this point. My discharge was Feb 7, and so it has been 40 days or so now since my discharge.

Have you or anyone else experienced the case manager refusing to talk because of being represented?

[filed]

Well, now it has been nearly 70 days since DISCHARGE, and I still have heard nothing - absolutely nothing filed by the trustee. I just have no idea when this will end. I feel paralyzed and cannot do anything.

[tobee43]

Well, now it has been nearly 70 days since DISCHARGE, and I still have heard nothing - absolutely nothing filed by the trustee. I just have no idea when this will end. I feel paralyzed and cannot do anything.

just a thought, i have nothing to substantiate my thought on this. however, i would think you would have known by now if you were an asset case. i mean really, those greedy trustees would grab as quickly as possible what they could.

i have heard stories of those not getting their "closed" orders for sometimes months after they rec'd their discharged order. many times the judge just hasn't have the time to sign them, or they are running way behind with their case loads. which is what i'm hoping is the situation in your case.

[filed]

just a thought, i have nothing to substantiate my thought on this. however, i would think you would have known by now if you were an asset case. i mean really, those greedy trustees would grab as quickly as possible what they could.

i have heard stories of those not getting their "closed" orders for sometimes months after they rec'd their discharged order. many times the judge just hasn't have the time to sign them, or they are running way behind with their case loads. which is what i'm hoping is the situation in your case.

Thanks for the well wishes tobee, but, its probably not the case that its waiting on the judge's desk, because the trustee has simply not filed anything. No filing of no assets/no distribution to confirm I'm a no asset case, and no filing of preliminary asset report to confirm that trustee is making me an asset case...Just nothing at all. I mean, can this just go on and on for a year or 2 or more?

[tobee43]

Thanks for the well wishes tobee, but, its probably not the case that its waiting on the judge's desk, because the trustee has simply not filed anything. No filing of no assets/no distribution to confirm I'm a no asset case, and no filing of preliminary asset report to confirm that trustee is making me an asset case...Just nothing at all. I mean, can this just go on and on for a year or 2 or more?

unfortunately, yes it can.

and, yes, i know it's wishful thinking, but i'm just trying so hard to thing POSITIVE thoughts and hope this just gets over for you soon.

[LadyInTheRed]

filed, do you have some reason to believe the trustee would declare your case an asset case? The trustee had until 30 days after your 341 to object to exemptions or apply for an extension of time to object. Did he file an objection or an application for an extension of time to file an objection? Did you transfer any assets to insiders in the year before filing? Are you hiding any assets?

If not, why are you so worried? Go about living your new debt-free life. Get the needed repairs made to your car. A discharge is not a small step. It is the goal of filing BK. It is huge! You have reason to celebrate.

[tobee43]

filed, do you have some reason to believe the trustee would declare your case an asset case? The trustee had until 30 days after your 341 to object to exemptions or apply for an extension of time to object. Did he file an objection or an application for an extension of time to file an objection? Did you transfer any assets to insiders in the year before filing? Are you hiding any assets?

If not, why are you so worried? Go about living your new debt-free life. Get the needed repairs made to your car. A discharge is not a small step. It is the goal of filing BK. It is huge! You have reason to celebrate.

you know lady, i'm hearing it more and more recently that the orders for the "closed" cases are being so delayed with chapter 7s. i still believe there may be some vitality to the fact that bk filings are slowing down and perhaps the UST and the local trustees are taking closer looks at situations for their final hurrays? that statement is absolute conjecture, just attempting to figuring out why this seems to be happening much more now, than, lets say, a year ago?

i agree, unless there is a reason to worry, one should not worry.

[LadyInTheRed]

you know lady, i'm hearing it more and more recently that the orders for the "closed" cases are being so delayed with chapter 7s. i still believe there may be some vitality to the fact that bk filings are slowing down and perhaps the UST and the local trustees are taking closer looks at situations for their final hurrays? that statement is absolute conjecture, just attempting to figuring out why this seems to be happening much more now, than, lets say, a year ago?

i agree, unless there is a reason to worry, one should not worry.

My husband is a worrier. I always tell him that it's a waste of energy to worry about something unless you know there is something to worry about. Do what you can to prevent problems, then stop worrying.

I suspect that the high volume of BK cases is what is causing delay. But, even if the UST and local trustees are taking a closer look at cases before closing them, an honest filer has nothing to worry about if their petition lists and exempts all of their assets and the period to file objections to exemptions has passed.

[filed]

filed, do you have some reason to believe the trustee would declare your case an asset case? The trustee had until 30 days after your 341 to object to exemptions or apply for an extension of time to object. Did he file an objection or an application for an extension of time to file an objection? Did you transfer any assets to insiders in the year before filing? Are you hiding any assets?

If not, why are you so worried? Go about living your new debt-free life. Get the needed repairs made to your car. A discharge is not a small step. It is the goal of filing BK. It is huge! You have reason to celebrate.

Dear LITR, I had no transfers to insiders or others at all within the year before filing, and the trustee did not object to any of my exemptions or apply for any extensions. I am (of course) not hiding anything, declared it all as required. I tried to get started in the insurance business, got my license and became a minority owner in an LLC 2 years before filing. I had no success, basically spent money to try to develop a book of business, but, did not have any success. The majority owner left when I filed (damaged his prospects for clients), and the city is demanding $1,500 in back payment for running the business at that location (now closed) and annual filings must be done (costs $300 or so) and if not done by May 1, there is a $400 penalty, and I don't know if I am responsible for it, If I make any insurance sales I don't know if I get the benefit for it since the LLC has not been abandoned. Also, I have 2 old boats sitting in the yard for 6 years, I put them on schedules at $300 each (they are not worth that much, they don't work and are overgrown with weeds), I want to get rid of them but nothing has been abandoned and I don't know if I can have them hauled off. Same thing on my truck, if its not going to be abandoned I do not want to put $1,200 in it to get it fixed just to have it taken from me or to have trustee tell me I need to pay $500 extra to keep it. Are you saying my truck is now free and clear since the trustee did not object to it on the exemptions (I exempted $1,000 but put it on schedule worth $1,500 I think).

[LadyInTheRed]

Now I understand why you are worried. If you had property that you could not exempt, then it is true that you have to wait until the trustee abandons it. So, if you aren't ready to pay $500 to the trustee to keep your truck, I can see why you would be reluctant to pay $1200 to repair it. One option is to file a motion to require the trustee to abandon property. But, I don't know at what point that would be appropriate. Depending on your agreement with your attorney, you may have to pay additional fees for the motion.

Were you unable to exempt the LLC and Boats?

You really do need to talk to your attorney about all of your issues. You said you emailed. I suggest you call. If you don't get the attorney, leave a message and ask whoever you do talk to when you can expect a return call. If you don't get the return call, call again. Be persistent.

[tobee43]

filed one, i really agree with lady. you need to talk to your atty. the firm should at the LEAST have a general idea if they are considering your case as an asset case. also, as lady previously mentioned, they have a time limit to object...(i think she said that somewhere here ).

if they haven't close your case and there have been no objections, then your atty needs to file a motion to get it closed based on the fact that it has run out of time!