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No Action on Ch 7 Case for 2 Years

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    No Action on Ch 7 Case for 2 Years

    I filed a Ch. 7 for an LLC I owned in the Eastern District of Virginia in July 2004. The meeting of creditors was held. The trustee sent out a creditor prrof of claims notice with responses from creditors due by January 2005.

    The trustee reported it as an assets case even though the company had little if any assets listed on the filing other than some office furniture and computers that were confinscated by a storage company. We asked the trustee if he wanted the office supplies. In a letter from November 2005 the trustee said he did not want the furniture or computers. The only other asset was $7,000 Paypal had confinscated from the company bank account.

    After that nothing happened. No word from the trustee or from the court.
    I had an attorney and he said he thought it was strange but said I should just wait. 2 years later, still waiting.... Pacer just shows the initial filing date and it was not dismissed, nothing else was done in the last two years.

    Should I contact the trustee or court or just let it go? The creditors have long forgotten about it I think.

    I spent $10k on legal fees and did not get a discharge.

    #2
    Originally posted by daddywarbucks View Post
    Should I contact the trustee or court or just let it go?
    DO NOT just let it go! Contact your lawyer immediately and tell him to find out what's going on. If he brushes you off again, contact the trustee's office yourself and ask politely for an update on your case since it's been a year and a half (!!!!) since you've heard anything. Your paperwork could have been misplaced or lying on the bottom of a pile somewhere in the trustee's office. You want to force it to the surface again and get it moving forward to discharge and closing. Good luck - keep us posted on what you find out.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      Originally posted by lrprn View Post
      DO NOT just let it go! Contact your lawyer immediately and tell him to find out what's going on. If he brushes you off again, contact the trustee's office yourself and ask politely for an update on your case since it's been a year and a half (!!!!)
      Yes you need to resolve this immediately. There are obviously no assets remaining. The trustee should be notified that a motion should be filed to close the case.

      Comment


        #4
        Actually, in these situations, you want to contace your Bankruptcy Court Clerk...they tend to be pretty harsh on trustee's that do not follow the proper procedures.

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          #5
          thanks

          Thanks for the advice. I was worried about stirring up trouble (expenses) but at the same time I don't want it to never be discharged.

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            #6
            for mine the "clerk said" oh, yea, let me take care of that, and entered the d/c right then. may just be a paperwork mistake. definitely start with the clerk.
            Chapter 7 Pro Se....Discharged Feb. 2006

            Comment

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