Trustee wants house

[tobee43]

Tobee, thanks for the reply, however, you should understand that I have called my attorney, and my attorney has attempted (numerous times) to contact the trustee and inquire as to why the case is not closing.

Also, there has been no status change on PACER

yes, i got that from what hhm has said. i'm sorry for that, really, because the atty really should be able to contact them directly and get the exact information as to why the case is still open and didn't close. what i fail to understand is why your atty isn't getting any information from the trustee's office? or why the trustee's office is non responsive? usually they have para legals working on the cases that most likes are in contacts with the attys if the trustees are not, that's why it sounded so odd to me.

[HHM]

Correct, tell the case worker you are NOT represented by an attorney.

To filed: you don't want to look just at the Status, you need to go into the Docket/History and review the individual entries. Note, you don't need to necessarily open each document, the Docket text should give you enough info to figure out the issue.

To Tobee: Here is the thing about asset chapter 7 cases, once a case becomes an asset case, there is nothing for the debtor attorney to do. And again, standard industry practice is to exclude representation for all or most post filing matters (including being the debtor's on call Mr Wizard to answer any and all whimsical questions). To be blunt, very few debtors are actually willing to pay for that level of service, which would run more like $4,000 - $5,000 for a chapter 7 instead of the $1,400-$2,500. When you hire an attorney to file chapter 7 bankruptcy, you are having the attorney do 3 things, and only 3 things.
1. Analyze your financial circumstances to determine if bankruptcy is a good option.
2. Prepare the bankruptcy petition and provide the necessary legal analysis (at that phase of the case) and advise on issues
3. Attend the 341 meeting.

That's it...so things like, reaffirmation agreements, redemption, managing a chap 7 asset case, defend or initiate Adversary Proceedings, defend or initiate contested matters, etc etc. That is simply reality, now, if you really want more than that, then it costs.

[filed]

Correct, tell the case worker you are NOT represented by an attorney.

To filed: you don't want to look just at the Status, you need to go into the Docket/History and review the individual entries. Note, you don't need to necessarily open each document, the Docket text should give you enough info to figure out the issue...

HHM, Thank you, very much for your clear advice.

Also, per your instructions, I did in fact look in the Docket, and actually have opened, carefully read, and printed each individual entry/document. There are absolutely NONE that indicate my case is problematic, or is being turned into an asset case. Of course, the converse is true as well, there are none that indicate its not, ie, no filing of "No asset/No distribution" and no filing by the Trustee asking to be released from the case, etc...Simply nothing of any consequence filed after the discharge.

[HHM]

The trustee cannot just sit on the pot so to speak. At minimum, he/she needed to have filed a preliminary designation. Call the court clerk, and see where you get. If that doesn't work, then call, and follow-up with a letter, the US Trustee for your district. The US trustee supervises the Bankruptcy Trustees. If that doesn't work, then you need to decide how important to you this really is, because then you need an attorney to get an involved to file a Motion to Close the Case.

[filed]

The trustee cannot just sit on the pot so to speak. At minimum, he/she needed to have filed a preliminary designation. Call the court clerk, and see where you get. If that doesn't work, then call, and follow-up with a letter, the US Trustee for your district. The US trustee supervises the Bankruptcy Trustees. If that doesn't work, then you need to decide how important to you this really is, because then you need an attorney to get an involved to file a Motion to Close the Case.

HHM, Thank you for your advice, I called the clerk of court and spoke to my case worker.

Case worker said that everything looked to be in order, however, the Trustee needs to file a final report, and after the filing of the final report they must wait 30 days and then they can close my case. (Of course, I forgot to ask "Why do you have to wait 30 days?" I suppose 30 more days is not a big deal, I could go ahead and trade in/sell my old vehicle if I saw the filing of the final report and knew it was going to close in 30 days)

Caseworker said that they have no idea why the Trustee has not filed a final report yet, possible reasons run the spectrum from simply slipping through the cracks to a possibility the Trustee is still investigating things (It has been nearly 10 months since my 341, Trustee has had plenty of time to investigate things in my opinion, hopefully it has just slipped through the cracks). Caseworker suggested I have my attorney call the Trustee and inquire, because "we do not ever contact the Trustees and ask them what is going on".

[ValleYum]

I would write your Trustee a letter. Maybe something along the lines of this:

"Dear Mr. Trustee:

I am writing this letter to you to inquire as to the status of my Chapter 7 bankruptcy case which was filed on ____. My Meeting of the Creditors was held on _____ and my discharge was received on ______.

My bankruptcy case has not been closed as of the date of this letter. I have found that not having a closed bankruptcy case is affecting my abilities to complete some necessary business transactions for my family. As my attorney ____(lawyer name here)___'s representation ended with the receipt of my discharge, I am no longer represented by him and therefore I must turn directly to you for assistance in getting my case closed.

Any information you can provide to me regarding the status of my case or simply your providing the necessary information to the Bankruptcy Court so that my case can be closed would be deeply appreciated. If you have any questions or need further information from me, you may contact me by telephone at: _(your various phone numbers)___, email at: ___(email address here)____ or by return mail to: _________(your address)___.

Sincerely,

filed

CC: US Trustee"

Maybe HHM can chime in his thoughts about going to this step (the letter).

[HHM]

ValleYum

That is a good suggestion

[tobee43]

Correct, tell the case worker you are NOT represented by an attorney.

To filed: you don't want to look just at the Status, you need to go into the Docket/History and review the individual entries. Note, you don't need to necessarily open each document, the Docket text should give you enough info to figure out the issue.

To Tobee: Here is the thing about asset chapter 7 cases, once a case becomes an asset case, there is nothing for the debtor attorney to do. And again, standard industry practice is to exclude representation for all or most post filing matters (including being the debtor's on call Mr Wizard to answer any and all whimsical questions). To be blunt, very few debtors are actually willing to pay for that level of service, which would run more like $4,000 - $5,000 for a chapter 7 instead of the $1,400-$2,500. When you hire an attorney to file chapter 7 bankruptcy, you are having the attorney do 3 things, and only 3 things.
1. Analyze your financial circumstances to determine if bankruptcy is a good option.
2. Prepare the bankruptcy petition and provide the necessary legal analysis (at that phase of the case) and advise on issues
3. Attend the 341 meeting.

That's it...so things like, reaffirmation agreements, redemption, managing a chap 7 asset case, defend or initiate Adversary Proceedings, defend or initiate contested matters, etc etc. That is simply reality, now, if you really want more than that, then it costs.

yes, hhm, i do understand that. the difficultly for me here, is that while there may be nothing the atty can do at this point, the atty should have had a clue that the OP's case was questionable with respect to having their case turned into an asset case. at the least, the client would be prepared or have a bit of understanding of what is going on. does the atty's responsibly end at a certain point. of course.

i'm also aware that the initial cost of a no asset case may be one amount quoted and documented in their fee schedule, however, i know we were at least advised IF this happens that we MAY have to do THIS or THAT. so, my point here really, is that, while i'm not stating the atty should necessarily handle the situation, i am saying their client should have been informed there was a potential problem.

in as much as those having to pay further atty's fees to resolve such issues, i am still of the mind it's not best to tackle this alone provided your atty has a good relationship with their courts district trustees. will it cost more, yes, but the end costs if one doesn't do it correctly can even me more, that's all i'm saying.

seriously, we got a blow by blow on each of the trustees that we had have gotten, i suppose that was the sole reason we choice the firm we did.

[HHM]

If what the OP is saying, there doesn't seem to be a problem, my money is on the fact the trustee simply lost track of the case.

[tobee43]

If what the OP is saying, there doesn't seem to be a problem, my money is on the fact the trustee simply lost track of the case.

that's a scary thought, losing track of one's case. of course to the OP and others, theirs, of course, is the ONLY case in the world.

[filed]

I would write your Trustee a letter. Maybe something along the lines of this:



Maybe HHM can chime in his thoughts about going to this step (the letter).

ValleYum, Thank you for your suggestion, and I especially appreciate you taking your time and effort to substantially compose an appropriate letter. Your suggestion is appreciated, and if we continue to get no reply to my attorney (attorney called and left message with Trustee's office yesterday (wednesday) morning) then I will strongly consider using the letter you provided.

[ValleYum]

ValleYum, Thank you for your suggestion, and I especially appreciate you taking your time and effort to substantially compose an appropriate letter. Your suggestion is appreciated, and if we continue to get no reply to my attorney (attorney called and left message with Trustee's office yesterday (wednesday) morning) then I will strongly consider using the letter you provided.

You are welcome! It's the old admin assistant blood in me that writes those letters - it is almost like auto-pilot. I just hope you get an answer soon!

[filed]

You are welcome! It's the old admin assistant blood in me that writes those letters - it is almost like auto-pilot. I just hope you get an answer soon!

Apparently, the Trustee must read these forums, because just the possibility of me using the flawlessly worded letter composed by ValleYum and cc'ing the US Trustee got them to MOVE!

According to my attorney, after FINALLY speaking to the Trustee, they had "no idea" why it was still open, and would move to close it immediately. I hope this it true, but, no reason to think its not.

Anyone know what happens between the Trustee filing a no distribution report and asking to be released from duties, and actually closing the case? Is it simply a 30 day wait for some reason, and then it closes?

Many gracious and sincere thanks to everyone here, especially JustBroke, HHM, ValleYum, Tobee, Despritfreya, 'Hub, and all others who have given so much time and knowledge and thoughtfulness. This is truly a great forum, made so by the great people.

[tobee43]

Apparently, the Trustee must read these forums, because just the possibility of me using the flawlessly worded letter composed by ValleYum and cc'ing the US Trustee got them to MOVE!

According to my attorney, after FINALLY speaking to the Trustee, they had "no idea" why it was still open, and would move to close it immediately. I hope this it true, but, no reason to think its not.

Anyone know what happens between the Trustee filing a no distribution report and asking to be released from duties, and actually closing the case? Is it simply a 30 day wait for some reason, and then it closes?

Many gracious and sincere thanks to everyone here, especially JustBroke, HHM, ValleYum, Tobee, Despritfreya, 'Hub, and all others who have given so much time and knowledge and thoughtfulness. This is truly a great forum, made so by the great people.

the orders although two separate orders can be issued the same day. the order of the close is a simple one page document and is just signed by the judge and: so ordered on such and such at date...this case is now closed! it's a simple process. some people on the forum have waited a month or two between rec'ing both orders while in our case they both came in the same envelope from the court.

LOL! i hope some of the trustees read this forum, i'm certain they will get quite an education LOL! and, you are most welcome!