Pro se chapter 7 motion to redeem trustee objection

[Strickland16]

We filed chapter 7 pro se, I also filed a motion to redeem with all of the proof of value with the motion, with pictures of the things that decrease the value.
the credit union did not object, but the trustee did. Not because he disagrees with the value, but because he said I filed the statement of financial affairs and schedules on a day I didn't, he said I filed on the 21st but i actually filed them on the 13th and 17th. The pacer case locator shows they were filed and entered on the 17th as well. And he said he didn't have enough time. I did make a mistake on the schedules, I put leased instead of financed. So I filed an amendment to correct the wording. The vehicles are exempt either way, and we have no assests. So I'm confused why he objected and how likely it is that this goes in his favor and we loose our vehicles even though the loan holder didn't object?

[justbroke]

It sounds like the Trustee is objecting to discharge and not to the redemption itself. I have no clue otherwise. Did the caption on the Trustee's paper read "Objection to Motion to Redeem under 11 USC 727" or something else.

You may have other procedural issues. First, the entire petition with all the schedules should have been filed at the same time unless it was an emergency filing. Even if an emergency, all the papers must be filed within 15 days. You should also serve those papers on everyone that is to receive them, and that usually includes the Chapter 7 Panel Trustee and the United States Trustee for your region/district.

What I mentioned is just things that could be a reason... but no one can explain what you did or didn't do wrong in your motion, filing, amendments, or with other papers filed and served.

Welcome to BKForum.

[Strickland16]

We haven't had our 341 yet, he's objecting the motion to redeem. The reason they weren't filled together is because I had to resubmit a bunch of times because in transmission it kept ending up with information deleted from the forms. I'm sure it'll be fine, since he has the wrong date of schedules filed, the credit union didn't object and I corrected the mistake I made in the wording by filing an amendment. I was under the impression that I needed to file it as soon as possible but i think that might also be what cause an issue is the hearing ended up being before the 341. It's on Tuesday so here's to praying I didn't absolutely screw us lol.

[justbroke]

Getting procedure correct is the reason why only a simple Chapter 7 should be attempted by a Pro Se. Filing a Motion to Redeem under 727 is not simple, especially if you filed your petition in pieces and had many defects in the filing. As you have written, I'm sure it's just that with all the paper flying back and forth it's just an oversight by the Chapter 7 Trustee. Generally speaking, I think a 727 Motion to Redeem should be a first-day motion.

Having now read back through everything you wrote, it is possible that you didn't claim it as fully exempt on Schedule C and that is why the Trustee objected. At least my district requires the vehicle to be listed on Schedule C and any equity completely exempt.

[Strickland16]

Other then the redemption it is a super simple straight forward case, we have no assests. I believe I fully exempted them. The problem was that it was showing on my side that i had filed everything correctly and filled out but the courts weren't receiving it completely filled out and each time it was missing different parts of information. I absolutely would have had an attorney handle the whole case If I had the ability to do so. :/ I'm hopeful that it by some miracle it works out alright and we're not completely screwed. I think I'm less scared of loosing the cars since they are exempt and the credit union didn't object. I'm more afraid that I've pissed off the trustee and made my life 1000% harder

[justbroke]

Trust me. In a case where there are no assets, the Chapter 7 Panel Trustee wants to be done. They only make about $60 on a no asset case. They are not going to drool over a case where there are no assets. The question becomes whether or not you completed the forms correctly and correctly exempted items on Schedule C using the correct statutes/constitution or other authority for the exemption.

[Strickland16]

The whole thing that I think triggered the objection is I miss used leased where I should have used financed. But I did amend the schedules and correct the wording.