statute question on timing asset distribution etc

[FloridaGuy]

Hi gang,

For those of you good at looking things up in the bankruptcy laws... here is what I am trying to determine. Or maybe point me the right direction.

As you know we are having all sorts of issues, and we are trying to get organized to be able to move on. Below is the current situation, and the questions I have.

Chapter 7 turned into an asset case, and had personal property appraisal. (Which we have still not seen)
Proofs of Claims (by creditors) due by 3/2/2009
THREE objections from trustee on seperate exemption submissions
15 days from discharge according to PACER
relief of stay granted to mortgage company


What I'm trying to find out:

1) since creditors have until 3/2/09 does this prolong the discharge automatically?
2) Unless the trustee applys to delay the discharge (Which I suspect she will do anyway) should we be discharged on time?
3) Is there a time limit for the trustee to auction our stuff or abandon it in the laws?

Basically the reason I am asking is we are surrendering our house, and plan on relocating out of state. But without a time frame we are still in limbo. We suspect we will need to try to fasttrack the foreclosure or do a DIL to get out of the house... At this point we don't even know what we are able to claim as exemptions as she keeps disputing them.

Oh well... if anyone can assist please post... i'll be glad to fill in more details if needed. Feel free to check my personal blog in my sig below, and leave some comments, too!

[StartingOver08]

FloridaGuy, I just read your blog. Wow....your Trustee is a real Son of a Gun (for lack of a better word!).

I don't know the answer to your questions, I just want you to know it will get better. I too had to give up my home and car and close my business, but I did not have to give up my personal property to the trustee like you. It seems to me that this trustee is being very petty. But I understand that there is one Trustee in your district that has a NATIONAL REPUTATION for taking all the personal property and challenging the values. I am sorry you got her.

[FloridaGuy]

Howdy!

Thanks for the encouragement. I wouldn't wish these issues on my worst enemy! I'm really glad most posters here on the forum have much smoother cases.

I just want to feel like we are moving forward or have some closure in the future... but for every step forward, it seems we get pushed two steps back!

I know it will finally end, but we're just trying to get a feeling how long we may get delayed.

[FloridaGuy]

no answers?

So no-one can help on the questions?

Just for fun, I browsed 8 other chapter 7 cases with my same trustee... ALL but one were turned into asset cases. All had personal property appraisals like me... non have been closed yet. (I forgot to look for discharge! DUH) Most were filed within a week of mine... time to go take a second look. May go back a month or two, to check for discharges.

If anyone can assist in question #3:
Is there a time limit for the trustee to auction our stuff or abandon it in the laws?

Thanks again!

[HHM]

1. No
2. yes
3. No (caveat, there is no legal timeline, but at some point you could file a "good faith" motion to speed up the process if the trustee is really dragging his feet, i.e. 6-9 months after discharge).

I hope those answers are clear enough for you

[justbroke]

3. No (caveat, there is no legal timeline, but at some point you could file a "good faith" motion to speed up the process if the trustee is really dragging his feet, i.e. 6-9 months after discharge).

I love Motions to Compel. I've seen them used on both creditors and Trustees when they drag their feet. ;)

[FloridaGuy]

Thanks!

Thanks HHM, and Justbroke... lets hope it doesn't drag that long. I went through a total of 12 cases, ALL but 1 were changed to asset. I saw 2 that were over 14 months and still NO DISCHARGE, let alone closed. I saw several that were discharged at approximately 150 - 180 days after filing.

There were a couple cases filed within a couple weeks of me... and they have been going through the same issues. I saw one, who just like me, is on their 3rd trustee objection to exemptions.

It appears that the local trustee reports financials to the US trustee every quarter. Showing fee's she has charged the estate, etc. Monies she collected, etc.

I also saw one case, where she filed a motion to the court, as the filers had not turned over assets she had requested. I will avoid that at all costs. I'd just as soon have them say we'll take it next tuesday! Come get it! I want it overwith!

[catleg]

Steve, I think you filed too quickly.
Probably would be better to let some months pass, liquidate and live off some of the assets, perhaps even just move and let the creditors try and find you.
I believe you could even move to another state and file based on the bk laws of Florida to get away from this b*tch trustee.
Might be time to withdraw the petition and find a new lawyer.