case administration chapter 7 pro se

[charleneand3]

I received via email case administration document and Estate Receivable Summary Report (payment plan)which now includes other items trustee is stating are non exempt claimed property. It's now been over 45 days since i received the document and it still not showing the document in my bankruptcy file. I received my discharge prior to making first payment which i paid to be on the safe side and the trustee cashed the check. My question is was the objection supposed to be amended by the trustee with the new findings and are documents supposed to be submitted through the court system?

[justbroke]

This is tough because you attempted to file Pro Se and claimed exemptions that the Trustee objected to as invalid. There's not much help I can give you. The Trustee doesn't amend their motion. The court issues an order after "hearing' the motion. You earlier wrote that there was a hearing. Did you attend the hearing? In some cases, the court only issues verbal orders which are still logged in CM/ECF (PACER).

Because this is related to exemptions, I don't know what you should do. You may want to contact the Clerk of the Court only after you have checked the docket in CM/ECF (PACER) and determined the status of the Trustee's motion.

I know that despritfreya responded to one of your earlier questions to the objection. I don't know that we can help you much but you need to work with the Chapter 7 Panel Trustee to find out if you have paid everything that you need to pay into the bankruptcy estate.

[charleneand3]

Yes, the hearing was for electronics only .I actually contacted the clerk of court prior to discharge the first person I spoke with stated nothing was filed since after my hearing and i explained the email and she asked why was the trustee asking for payments i explained I also informed her the new discovery of assets were my childs ssi benefits i have no other source of income prior to filing and after . she said there's nothing in your file and the trustee would have to amend the objections and send me a copy .I contacted the court house again a week later i spoke with someone else I asked if there was a HSD in my file because i received email regarding payments and It not showing in my pacer account, he checked said no there nothing there and told me it's a good thing you checked because any documents you receive should be filed in your case docket , he then said i should have been discharged the prior week and for me to call and ask the trustee about the document i received and see if the trustee files it after. So i called and ask if I was to make the payment because I did not see anything on pacer website and I was told by the trustee yes yes make your payments. 2 hours later after checking my local bankruptcy website I then saw the order of discharge. I made the first payment.

[justbroke]

If the Trustee requested that you amend your petition to correct an exemption, then that is usually for you to update. Do you have the Nolo How to File for Bankruptcy or any other guidebook? It's impossible to teach procedure on the fly and online. While you may be discharged, your case "may not" be closed because of administrative issues with paperwork. The Clerk and Trustee are not going to help you with any "legal" questions, though they will answer technical questions related to procedure.

I really have no clue what is happening, but at least the discharge was entered. You'll need to figure out if something else is holding up the administrative closing of the case.

[despritfreya]

I saw that JB pinged me on this one.

Here is my spin. . .

I do not know what an "Estate Receivable Summary Report (payment plan)" is. My guess is that it is a summary report that indicates what assets are listed, what is exempt, what is not exempt and what the Trustee is going to pay out to creditors. Assuming I am correct, this Report is administrative in nature and has nothing to do with the Debtor. It is simply a function of the Trustee's duties to apprize the Court and creditors as to the status of his/her progress.

It appears OP settled with the Trustee as it relates to an Objection to Exemptions. If that settlement is backed by a Court Order approving the settlement (or sale of asset back to the Debtor) and no other Objection was timely filed, there is nothing for OP to worry about. Just complete payments under the settlement.

Des.

[charleneand3]

Sorry if this is silly for asking but when you are saying OP do you mean other party or debtor?

[despritfreya]

Sorry if this is silly for asking but when you are saying OP do you mean other party or debtor?

Not "silly" - OP means Original Poster so that would be "you".

Des.