Question about 60 day wait.

[BKTango]

I think I am starting to drive myself bonkers. Okay short and simple, we filed CH7 Oct. 31, had the 341 Dec. 7th received a report of No Asset, Request to be removed yada yada from the trustee in the mail, that was dated and filed on Dec. 8th. Our case was very straightforward. Everything including the income tax coming up was exempted, mortgaged reaffirmed, the only possible flag would be a payment I made to a creditor about 30 days prior to filing (settled with creditor as I didn't anticipate filing at the time). But the amount was slightly over the preferential payment limit. The trustee at the 341 never said anything about it other than asking if that's the only payment over the standard amount to any unsecured creditor made.

So here I sit almost 30 days beyond that and almost 30 days to go and I am starting to lose it.

So my questions are, am I freaking out for no reason?

Is it possible for the trustee or US trustee to go through our file with a finer toothed comb than before and object to something?

After 30 days after the 341 can the trustee even object or am I just waiting to see if creditors object at this point?


I do not have a PACER account as I would check that sucker daily .... okay hourly just to "make sure", so that is not a good idea to even get myself started on that.

Thanks for you help and reassurance.

[HHM]

Yes, you are freaking out for no reason. Although it's not a good sign that the trustee revoked the No Asset designation, at the same time, it's not that big a deal. The 60 days is mandated by the BK statute, so there is nothing you can do about it. So, no reason to get worked up over something you have no control over at this point.

Odds are, you would have some inclining if a creditor is going to object. They will typically contact your attorney, or you, about a possible reaffirmation agreement before they file an objection. An the Bankruptcy Trustee almost never objects to Discharge, the Bankruptcy Trustee doesn't really care because most of what he has to do can be done before and after discharge.

[BKTango]

Thank your for the reply and the reassurance! The trustee to my knowledge has NOT revoked the No Asset designation. We haven't received word since receiving the No Asset report shortly after our 341, I was just stating that would be the only flag to pop up and make them question but as of yet the trustee hasn't. I apologize for not making myself clearer on that. So we are still a No Asset case as of today anyway.

I had contacted the lawyer at the end of Dec. just to make sure things were still running smoothly and was told that I should just be waiting on discharge now. Then I had read that the trustee can still object after 30 days beyond the 341 then I had read they couldn't. So in a sense I was just needing that clarified or my mind put to ease. Which you did so thanks again HHM!

[amino99]

Just don't forget to get your pre-discharge education/certification completed and turned in to your attorney prior to January 22nd. That's your last "big" hurdle. We too filed on October 31, had our hearing on December 7th, and just completed the pre-discharge certification this weekend. No money for a party or booze so we figured we might as well spend New Years Eve getting educated

[BKTango]

Amino99 - You are so right about the debtor's education class. Thankfully we took ours the same week as the 341 and turned our certificate over to the attorney immediately. So many people forget to do this and it's one of the most important steps. Unfortunately in our area there is only one service approved by the courts and only one class per month on the 4th of every month, so due to a scheduling conflict with the husbands job we couldn't do the one today, we only could do the one in December. But it's DONE!!!!!

Nice to see a fellow Halloween filer

[SinkingFast]

The 60 Days for Objections and Extensions clock starts ticking on the day of the First Scheduled Meeting of the Creditors.

You said in your post, your 341 was held on Dec 7th, 2006. 60 days from Dec 7th, 2006, is February 5th, 2007. So you've got about a month left to go.