what happens now?

[poorold]

Day 60 is complete.

Trustee only filed "341 held and concluded." Trustee indicated he would be reviewing exemptions and if we heard from him to respond timely and not ignore him.

30 days passed, no objection to exemptions filed.

60 days passed (today). no creditor objections. no trustee objections.

No NDA filed by Trustee. I presume something must be filed before we are closed.

I also presume we are effectively discharged. The only flag on pacer is meansno.

[justbroke]

Yes, the deadline for creditors to object to discharge has passed. The Trustee hasn't filed his report (Distribution or Not) so you're not going to be discharged yet. Discharge is not guaranteed after 60 days anyhow.

For objections to exemptions, the Trustees power actually extends post closing (for fraud), so I don't know if they only need to it prior to discharge (for non-fraud). In any event, creditors generally have to object to exemptions within 30 days after the concluded 341 Meeting.

No news is good news?

[AngelinaCatHub]

NO, you are being a bit impatient. Hang in there a few days. If you wish, call the bk clerk, and go through the phone tags and talk to your clerk, he/she can tell you your status or what may be missing. Otherwise, they are busy and may just be behind. You are not discharged until you see or get that document. 'Hub

[poorold]

Thanks folks.

I don't know how someone would do fraud with exemptions anyway. I used GA exemptions, my wife used Florida exemptions. Our car (in her name only) had over $8k equity. The trustee zeroed in on that and looked at our applied exemptions. He said I could not use my vehicle exemption because the car is titled in wife's name only. However we had unused wildcard and personal property exemptions that would take up most, all or even a little more than the equity even without using my auto exemption.

He made it sound like if we were going to hear from him it would be much sooner than much later and we should respond timely to whatever he sends us (if he sends anything at all.)

When the 30 days passed to challenge exemptions, I figured he looked over everything and saw there was little or nothing to really go after. My petition was extremely detailed and very understandable. I had 3 continuation pages for the Exempt Assets page. first was a summary of available exemptions for me (GA) and my wife (FL) by code section and amount. the second page was the application of those exemptions. the third page was a summary by exemption code section of where and how that exemption was applied and then the amount of available unapplied exemption if not all of it was used.

an auditor's dream in other words.

I follow the court statistics and I know their caseload is almost double last year's caseload, so I realize delays are involved.

I just thought that the 30 day timeframe and the 60 day timeframe were legally binding. I'm not concerned about fraud. If they were, don't you think I would have received a request for additional information/documentation by now?

[justbroke]

If they were, don't you think I would have received a request for additional information/documentation by now?

Yes, I think they would have done something by now. Why not just call the Trustee's office and ask what the delay is?

[poorold]

okay justbroke, I got my nerve up and called. the woman who answered was very nice, looked me up and said the trustee decided our exemptions were okay and she would mention it to him today and I think I'm looking forward to the "no asset" filing by the trustee, discharge and closure.

I feel a little better now.

I'll feel really better when I see the no asset thing filed and discharge and case closed.

Thanks.

[justbroke]

Very good. I'm glad that you called and were re-assured! Hang in there!