Trustee said we missed a dealine...

[turtle19]

Got a call this week (we are Chap 7 no asset, pro se) from our Trustee (our 341 is next week) saying we missed the deadline to submit certain paperwork to his office.

What's interesting is that I contacted his office a couple weeks ago asking what, if anything they needed prior to the hearing and I never received a response to either a voice mail or an email request. So, I diligently checked the mail for a letter, just in case. Nothing. So, I figured... maybe he isn't responding because he doesn't need anything from us or will request them at the hearing.

This guy's message was... well... not terribly nice. Maybe he's just an uptight lawyer or accountant, but it was just...cold and rude. So, I contacted him again, phone and email...messages at both politely asking what he needed, and I'd be happy to supply it. Still no response.

I'll try again on Monday, but I'm beginning to get the feeling this guy is either going to be pretty rude to us because he hates pro se debtors or he is just terribly unorganized.

Any hints on how to approach this? i already planned to bring tax returns, bank statements....everything he might want, with us..and I had it ready to provide if asked, but we've never been asked. And he hits us with the accusation that we missed a deadline.

BTW... we may yet hire an attorney, but not until after the 341. It depends on an issue that is still pending and we'll have more of a settled idea about in another week or two.

[LadyInTheRed]

Section 521(e)(2)(A) requires you submit your tax returns to the trustee 7 days before the 341. http://www.law.cornell.edu/uscode/text/11/521

Missing this deadline is grounds for dismissal of your case. I suggest you get a copy of your tax return to the trustee first thing Monday morning. Hopefully the trustee doesn't hate pro se debtors as much as you think. You should also check your court's local rules to make sure there isn't anything else that is required.

[justbroke]

I would also check to see if your Trustee has a website. The website usually has procedures on what is required to be delivered. Since you are Pro Se, you are solely responsible for following the procedures.

[turtle19]

Yes, I understand it could be grounds for dismissal... hence my already contacting his office to inquire if he needed anything else. I was just taken aback by the tone of his message, given that I *had* already inquired several weeks ago and never received a response. Specifically, I wanted to know if he needed a certain year's returns due to the specifics of our case. I'm certianly not going to give them anymore than they require, though I'm prepared to give them whatever they ask for.

[turtle19]

I would also check to see if your Trustee has a website. The website usually has procedures on what is required to be delivered. Since you are Pro Se, you are solely responsible for following the procedures.

Thanks.... no, he doesn't have one that I've found thus far.

We're going over everything in the local rules that we can find to see what, if anything we missed. So far, I'm not finding anything.

I think I'm more frustrated that he left this mean voice mail, and still hasn't responded to my follow-up since then. It's certainly not for lack of trying on my part.

[turtle19]

BTW... I don't think I was clear. Yes, we DID send the last tax return, as required. I'm not worried about that. My question to the trustee was if there were other items in addition to that that he needed. His phone call seems to indicate that there are... but I'm not finding any reference in our local rules as to what they may be. We're already prepared with them, just in the dark and so far, he hasn't responded back since his phone message a few days ago.

[justbroke]

I think I'm more frustrated that he left this mean voice mail, and still hasn't responded to my follow-up since then. It's certainly not for lack of trying on my part.

My (Chapter 13) Trustee never answered my phone calls. Never. I think part of it is that they are in court most of the days, but I would have expected their staff to return calls/answer the phones. What I found is that the Trustee's office, until they owed ME money, was very distant.

That which is required is listed in 11 USC 521 (Duties of the Debtor). If the Trustee had specific requirements, they should let you know. In any event, what the Trustee requires goes beyond the local rules. The Trustee can ask for any document and if you don't "comply" with the Trustee's requests, then it's a violation of 11 USC 521 and you could be subject to dismissal. The best way to deal with the Trustee is to call every day, in the afternoon (after 2-3PM), and hope to get someone on the phone. Again, they are in court or in 341 Meetings so often, it's very difficult to get them to answer. (I too left messages, and even sent emails. None answered. I was able to get someone on the phone once, and then they told me their "real" office hours -- when they answer the phones.)

You may also want to see if other Trustee's in your District have a website, or find your regional Office of the US Trustee (UST). The requirements are usually similar.

Best of luck to you.

[LadyInTheRed]

I'm happy to take a look at the local rules to see if I can find something you are missing. What court are you in?

[LadyInTheRed]

I know you said that his message was that you didn't submit paper work to his office. But, could it be possible that you didn't file something with the court that is required under federal rule 1007 that the court clerk is supposed to forward to the trustee? http://www.law.cornell.edu/rules/frbp/rule_1007.

[turtle19]

Well... look like everything is just fine, we hope. I called the attorney that we're consulting with and asked for guidance. He doesn't represent us, though he might eventually... and if he does it may just be for a certain aspect of the case. This particular trustee, as it turns out... is kind of new/temporary. The attorney jumped in for me as a favor (I've referred a lot of clients to him) to find out what we needed. They have everything, except the trustee wants to see some of my business records from a year ago prior to shuttering a micro-business that I ran. It was so micro, it was basically a hobby, hence shutting it down as a business. It really had no bearing on our bankruptcy and the attorney said as much, too... but he said the guy is "green" and tends to overdo it. He said that's both good and bad. He's actually been successful in catching a couple of people who were hiding assets -- cases where the average overworked trustee might have easily overlooked. In our case, the trustee just wants to see that I converted the tools to personal use, a full detailed inventory of said tools and supplies when they were used in the business, etc. No big deal. I have all of that. I'm just kind of laughing because it's basically nothing.... less than $2000 worth of tools and supplies, tops... and it's a drop in the bucket compared to our debt. But hey... if he wants it... he can have it, since technically the tools are part of the estate right now and he's responsible for them. It's his time he's wasting, not ours.

But... I do see why he's wanting to review it. I just wish he'd actually TOLD us that. It's amazing how having a law degree all of a sudden makes people talk to you. The trustee still hasn't communicated with ME about this... it's what he told the attorney.

The attorney told me that he's the kind of trustee that the crooks and those hiding stuff don't want to have assigned to them. Since he's new and zealous, with a small work load, he digging in to haystacks looking for needles even if there aren't any to find. Lucky us.

[turtle19]

I know you said that his message was that you didn't submit paper work to his office. But, could it be possible that you didn't file something with the court that is required under federal rule 1007 that the court clerk is supposed to forward to the trustee? http://www.law.cornell.edu/rules/frbp/rule_1007.

Thank you! ... nope we filed everything. See my above message. Mystery solved.

[turtle19]

BTW... as an update, look like we're fine.

[justbroke]

Much ado about... nothing!

[turtle19]

Much ado about... nothing!

Basically, yup... which is hilarious given the guy's voice mail to me last week. My guess is, as the lawyer told me, that he's really new at the job.

I'm still scratching my head as to why he wanted an inventory of tools for a business I closed a year ago... considering the value falls well within our exemption limits and we are a no asset case with medical bill debt so large the tools wouldn't even cover a tenth of it. I get that he's doing his job and looking for signs that we might be hiding something. I get that... but there's nothing to find.

[LadyInTheRed]

I'm glad everything turned out okay.