That time between the 341 and Discharge

[ccmisery]

Any tips on what I should be doing between the 341 which happened a couple of weeks ago and proposed discharge date which is in August?

I have not heard anything from my lawyer on the trustee's actions, will Pacer tell me much of what is going on?

I have some real property that the trustee will probably go after, but I have not heard anything on what's going on or if a conversion to 13 will happen since the trustee is aware I have a job now. Is the decision to change to a 13 something that can happen on discharge or at or past that point is it too late for any changes?

[BrokeinMD]

Was the property brought up during the 341? I was in a similar situation, owning the lot that's separate from my house next door. The trustee brought it up at the hearing, but my lawyer advised that there was gas poured on trees, it didn't have a separate entrance, etc., and the Trustee said at the meeting, "Nevermind." The decision to convert to a 13 is up to you to discuss with your attorney. I had a job when I went through the 7, and stuck with it. The 13 drags on and on and costs a lot more. JMHO

[tobee43]

our atty kept us informed the entire way. actually, any questions like you are asking where asked and answered by the trustees office by time of our 341.

they have 60 days to decide whether they are going to claim or turn your case into an asset case, although, one would think your atty would know by now if they were thinking about a 13. it's really hard to tell what goes on behind those closed doors. again, we were lucky and our trustee asked about all questionable situations prior to our 341...except one she brought up again at our 341, i totally didn't expect it, i freaked out, but later found out via our atty that the trustee was just putting it on the "open" record. ok....whheeeeeeew... i was a bit shaky then as i thought all was asked and answered.

i'm certain if you have pacer you can watch carefully as the days past. i never had pacer, i'm WAY too OCD and would have been on 24/7 to see if anything status change. so i opted to stay away from pacer completely. to this day, never been on pacer.

if you begin to get really stressed i would email or touch base with your attys office. they usually know things or many times know things before it hits pacer. take a few deep breaths, i know it's nerve racking to wait, but i'm sure it will all work out for the best.

[TXskyblue]

Like tobee43 said, pacer will give you updates but you can get compulsive about checking it. I've checked it 5 times a day, sometimes. I've even checked for updates on the weekend, which doesn't make any sense. Oh well, it makes me feel better.

I'm in the same boat as OP - had my 341, and discharge is scheduled for August. It sucks waiting. What really bothers me is that the UST can wait until day 59 and then spring a "totality of circumstances" objection which makes the 14 day deadline meaningless.

I think the best thing to do in the 60 day time period is nothing. Don't rock the boat or call attention to yourself. Just wait. That doesn't mean you can't check pacer, but don't do anything else but wait.

[AngelinaCat]

And a creditor can wait till the 59th day and then file an objection or worse, an Adversary Proceeding.

[ccmisery]

I just signed up for Pacer, not really expecting to see much and I will not try to have OCD with it. I just got a job recently, the Trustee asked me at the 341 when I started and where the job is, that was the end of it. Only expressed interest in my real property and yes it was mentioned in the 341 asking the value, did not say I have to change to a 13 yet. I am assuming after they look into my property and value it they will make a move accordingly, I really do not want to convert to a 13, I took a big pay cut in my new job and it's doubtful I can even stomach monthly payments with current expenses for 5 years.

[LadyInTheRed]

I just signed up for Pacer, not really expecting to see much and I will not try to have OCD with it. I just got a job recently, the Trustee asked me at the 341 when I started and where the job is, that was the end of it. Only expressed interest in my real property and yes it was mentioned in the 341 asking the value, did not say I have to change to a 13 yet. I am assuming after they look into my property and value it they will make a move accordingly, I really do not want to convert to a 13, I took a big pay cut in my new job and it's doubtful I can even stomach monthly payments with current expenses for 5 years.

The trustee will never say you have to convert to a 13. He might request that your Chap 7 be dismissed if he doesn't think you are entitled to a Chap 7 discharge. If he does, then it is up to you to either fight, let the Chap 7 be dismissed or convert to a 13.

The fact that you got a job after you filed shouldn't be an issue. Your BK is based on your situation on the day you filed (the only exception is receiving an inheritance from somebody who dies within 6 months of filing).

Try to relax and forget about your BK for awhile. If something happens you need to know about, you will get a notice. Until that happens, there's nothing for you to do.

[ccmisery]

The trustee will never say you have to convert to a 13. He might request that your Chap 7 be dismissed if he doesn't think you are entitled to a Chap 7 discharge. If he does, then it is up to you to either fight, let the Chap 7 be dismissed or convert to a 13.

The fact that you got a job after you filed shouldn't be an issue. Your BK is based on your situation on the day you filed (the only exception is receiving an inheritance from somebody who dies within 6 months of filing).

Try to relax and forget about your BK for awhile. If something happens you need to know about, you will get a notice. Until that happens, there's nothing for you to do.

I have not heard anything yet, but it's only been a couple of weeks since the 341. I suppose I am anxious, been a tough year for our household, with the job losses and financial mess we are in, that I have little patience anymore. Lawyer told me that the trustee will request pay stubs from my current job if the shift to a 13 becomes a possibility, that has not happened yet.

I looked up my case on Pacer, I saw no updates other than some things that were filed, post 341 credit counseling certificates and that's it. I am guessing there is no way to no what the Trustee is doing on my real property till something shows up in the mail?

[LadyInTheRed]

I looked up my case on Pacer, I saw no updates other than some things that were filed, post 341 credit counseling certificates and that's it. I am guessing there is no way to no what the Trustee is doing on my real property till something shows up in the mail?

Any official action by your trustee will show up on PACER immediately. PACER is the official record of the court. Before taking official action, it is possible the trustee will contact your attorney to negotiate a buyback of any non-exempt assets. If that happens, you should hear from your attorney.

If you are worried about the trustee objecting to your exemptions or the valuation of your property, the deadline for that is 30 days after your 341. The 60 days is the deadline to object to discharge.

Nothing is likely to happen very quickly. Count on the trustee going right up to the deadlines. If it's only been 2 weeks since your 341, stay off PACER for another couple of weeks and go live your life.