Need help re. request from US Trustee to send documents AFTER I was granted discharge

[PingPong]

Hello and thanks in advance for any help given.

I'll make it brief.

Filed my intent to declare CH 7 early this month. Couple days later I get a letter from the Office of the United States Trustee, from the analyst appointed to oversee my case. She requests I send her information as to the nature of the debts and how incurred. I sent her information saying that it has been three years since I last used my credit cards and I don't have a single credit card statement in my possession anymore. All the debts were incurred in 2002, all unsecured.

Then last Friday I was in court for my 341. A Judge appointed Trustee granted me discharge for my CH 7.

Now, this week I received a letter from the same bankruptcy analyst responding to the letter I sent her and telling me it's not enough to speak in generalities and I should list specifics to answer her questions. She requests I send them copies of all my credit card statements going back one year prior to the date when the debts were originally incurred, and explain to them in specific detail the nature of the debt, how the debt was incurred, and the cause of the CH 7 filing.

Here is where I ask for your help. I am at a loss as to why AFTER having been granted discharge of all my debts, they now want me to get this info for them. They say failure to submit the information is grounds for denial of the debtor's discharge pursuant to 11 U.S.C 727 and they list the pertinent sections of this law.

Considering it has been three years, and there are a total of 14 credit card (almost as many different banks), it will take me considerable time to chase down these statements. That's assuming they collaborate when I request them.

I am doing my CH 7 by myself, with no attorney help..as I don't have the money for one. So I would sincerely appreciate any advice as to what I should do, and if I should just send this lady at the US Trustee's office a copy of the discharge I was granted last Friday. She obviously could not have been aware of the discharge since her letter is dated the day before my court appearance.

Many thanks,

Sincerely,

[HHM]

If your's is a regular chapter 7 and the 341 meeting you went to last friday was your first 341 meeting, you were NOT granted a discharge. The discharge is entered by the Clerk of the BK court 60 days after the date of your 341 meeting.

As for what to do now, mail a letter to all your credit card companies requesting the statements for the dates the trustee is requesting. Then prepare an affidavit stating basically what you have already said, that you haven't used the cards since XX Date and have it notarized. This will provide a sworn statement from you to the trustee of what you have said.

Then you may want to object to the request by filing a Motion with Court, but before you do this, you should probably get an attorney, (although it will probably be difficult since most attorneys do not want to jump into the middle of a BK).

How much total unsecured debt are you trying to discharge?

[PingPong]

HHM,

Thanks for your quick response!

I should have included ther amount in my post. It was originally around US$ 90,000 and has amounted to US$ 129,000 to date due to interest and penalties.

Yes, last Friday was my first meeting in court.

Regarding the Motion to Court to object you mention, on what grounds is such motion allowed to be filed? And what will filing this do for me?

Pardon my ignorance on these matters.

Thank you again for your advice.

[HHM]

HHM,

Regarding the Motion to Court to object you mention, on what grounds is such motion allowed to be filed? And what will filing this do for me?

Pardon my ignorance on these matters.

Thank you again for your advice.

That is a question you need to direct at an attorney who can become more familar with your situtation.

However, you are required to comply with the requests of the Trustee, failure to do so could result in the dismissal of your case.

[REGOR]

Response to PinG PONG

Ping Pong.

I would not worry about this request. The size of the consumer debt you are trying to discharge in itself attracts attention from the US Trustee.

You should simply respond to her by stating that you have not used your cards since x date and that you have written to the Credit card companies to request the credit card information that was asked for.

A friend of mine who recently filed simply allowed the Trustee to subpoena the credit card companies when he could not provide statements. They did and delayed his discharge by 4 months. Once they got the info, it changed nothing he got his discharge and the case was closed.

All they want to do is make sure that you do not have one single big item purchased like the $ 40 000 diamond ring or something like that!~!!!!!!!!!!
You know what you used your card for so if nothing was unusual then do not worry and provide them with the info\\\\\\\\\\

[Minnymouth]

Ping Pong,
Yes you best be worried about the US Trustee and NOT IGNORE his request for information. He can cause your case to be denied and dismissed, and then you can't file again on the same debts.

Sooooo, pull a copy of your credit report with your creditors listed/with addresses. Send each a letter requesting a printout of your account. Send a certified letter to the Trustee stating that you have requested these statements along with a sworn/notorized affidavit stating that you have not used these accounts in 2 years as you have stated.

Get this info to the US Trustee and more than likely you will be okay......if not - YOU'LL BITE THE DUST....

Just my thoughts,

Minny

[BOA]

What if your wife has a gambling problem?

My wife ran up some huge gambling debts that I had to pay. She is not American, and only this past year became my wife, she is not filing only me.

On a side note what If I have a Condo that we and our child live in. It not worth very much 35 K but its' paid for and we had recently bought it before I got into financial difficulty. It owned jointly as we are married and located in country outside the US. I feel like I must declare it to avoid concealing assets but I am totallly unsure of its status and how it will affect my case.

[hhou812hh]

Is PingPong still around? This looks like a 3 month old Thread.. How's in going Ping Pong? How did you make out with this?